QUESTION

If my husband has cheated on me, can I stop him for being granted permanent residency in the USA since he is now a temporary residence?

Asked on Oct 14th, 2012 on Immigration - Michigan
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4 ANSWERS

If you believe that the marriage is not bona fide and was not so from the beginning, you can report it to USCIS.
Answered on Oct 17th, 2012 at 1:07 PM

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Litigation Attorney serving Pearl River, NY at Law Office of Bijal Jani
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You may impact any permanent residency filings if you file for a divorce and advise USCIS that you have filed for a divorce. Keep in mind though that if he is able to show to USCIS that he entered into the marriage with you on a bona fide basis, they may still allow him to seek permanent residency.
Answered on Oct 16th, 2012 at 8:39 PM

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Your husband received residence in the U.S. that is conditioned on his continued marital relationship with you. If you divorce him, he will not be able to remove conditions on his residence and will be asked to leave the U.S. You might also affirmatively withdraw the affidavit of support you filed for his adjustment of status - that will prompt USCIS to move against him rather quickly.
Answered on Oct 16th, 2012 at 7:58 PM

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You can try, but if you and your husband married for love at the beginning, he may still be able to get his 10-year green card.
Answered on Oct 16th, 2012 at 7:22 PM

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