Q: What happens if I am sued but I give up my green card and leave the US?
I am a gc holder about to separate from my US citizen spouse and go back to my home country. However, they are threatening to file a lawsuit against me (unsure on what grounds as I have not committed any crime but I am scared on what story they can twist against me). We have not yet filed for divorce as they are still threatening me. I already have plans on my own to give up my green card to go home. Should I do this so I am no longer liable as a US resident before they can file some case against me? Or should I wait for the lawsuit against me before I leave? I am not sure what to do, please help.
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A:
I'm sorry you're going through such a difficult situation. Here are a few key things to keep in mind:
1. Giving up your green card and leaving the U.S. does not automatically shield you from liability in a civil lawsuit. If a case is filed against you in U.S. court, it can still proceed even if you are no longer physically present in the country. You may still be considered subject to the court's jurisdiction.
2. However, if you have no remaining ties to the U.S. (assets, financial accounts, property, etc.), it could be very difficult in practice for your spouse to collect on any monetary judgement issued against you, even if they prevail in the lawsuit. Enforcing U.S. judgements abroad is often challenging.
3. Whether you wait for a suit to be filed before departing is a judgment call. One potential advantage of waiting is that you'll know exactly what claims are being made against you. However, if no case ends up being filed, waiting prolongs a stressful situation unnecessarily.
4. Before making a decision, it would be wise to consult with a U.S. immigration attorney and potentially also a family law attorney. They can advise you on the immigration consequences of abandoning your green card and your legal options regarding the threatened lawsuit. Many offer free initial consultations.
5. Also consider if giving up your green card is what you really want in the long-term, apart from this situation with your spouse. It's a big decision that may be difficult to reverse if you change your mind later.
I know this is a lot to process, but please don't feel you have to make a rushed decision, especially out of fear. Get good legal advice first so you understand your options. Wishing you all the best as you navigate this challenging time.
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