QUESTION
Can a green card holder be deported after 7 years of marriage by a US citizen?
Asked on Jul 15th, 2015 on Divorce - Georgia
More details to this question:
I am married for 7 years to a US citizen and also I'm a green card holder. But, I'm not happy with our marriage anymore. It is causing me emotional struggles and I'm planning divorce. I have 2 boys, ages 6 and 4, and I'm moving out soon with the kids and live with my boyfriend. Can my husband get me deported and how can I make sure he will not come after me for moving in with my boyfriend?
3 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I'm sorry: immigration law has become quite complicated, and is a specialty of its own. I suggest you contact an Immigration lawyer in your area who can give you much better advice than I can.
Answered on Jul 20th, 2015 at 12:57 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would need the details and you should be consulting with a family law and an immigration lawyer. As this was clearly not a "sham" marriage and the children are US citizens it is doubtful there would be an effect on your immigration status. Moving in with your boyfriend with the children will have some, but minor effect legally in Michigan depending on the particular circumstances, but it will most certainly up the emotional issues in the divorce.
Answered on Jul 17th, 2015 at 9:59 AM
Regarding the immigration issue, nothing in your post indicates a basis by which the USCIS could or would seek to terminate your Lawful Permanent Resident status, since it seems impossible that your husband could convince immigration authorities that you and he participated in fraud to attain your marriage-based adjustment of status - this is particularly true where a couple has had children together. It sounds like you have reached a point where you do not intend to seek marriage counseling to try to resuscitate your marriage, whether for the benefit of your children or otherwise, and I am sorry to learn that. Regarding your husband "coming after you," you should consult with a domestic relations/divorce attorney not only to learn about your rights and responsibilities in a divorce, but also to address whether you may need to seek a restraining order from a court. If your husband becomes threatening, of course, you should consider contacting the police.
Answered on Jul 17th, 2015 at 9:22 AM