Immigration Lawyer Pompano Beach

If he is abusive to you then the first thing you want to do among other things is to report this to the authorities. I mean it. The next thing you do is to decide whether you want to remain married to this man. If not, then immediately file for a divorce. In CA it will take at least 6 months and a day to be divorced. While you are doing that, you can write to the USCIS to withdraw your Adjustment of status packet and include all the documentation (including I-797 containing receipt numbers) as to why you are doing it. This is not going to do anything other than be part of his Immigration file. The importance of that is that when he goes to remove the condition on his green card (I assume you are a USC and that is why he got his green card) and you are not with him AND he is no longer married to him, USCIS will want to know the reasons why and it will all be in his file. And if he is charged with any act of domestic violence/abuse, then this could very well be the end of the line for him in terms of his immigration to the US. But now, you have to think about whether this is truly what you want to do considering the children you have together. Be certain that the decision you make is the right one for your kids and yourself.

If you believe your husband married you solely to receive a green card, you can notify USCIS. You should contact the local office where you were interviewed as well as the service center where the application was filed. You should also contact the police if he has harmed or threatens to harm you as the safety of you and your children is of the utmost importance. Your husband would not necessarily lose his green card, because of the divorce. However, he may have issues getting a permanent green card if he only has conditional status. He can also have his green card revoked if USCIS believes he committed fraud to obtain the green card. Any criminal record related to the domestic violence can also become a problem.

If he is abusive, make a complaint to the District Attorney.

Hello and I am sorry to hear about your situation. His case will depend on if he has a 2 year conditional green card or full 10 year card. If it is 10 years, you cannot do anything to limit his stay. However, if it is 2 years, it will be up to him to prove the relationship is real when he processes the next step.

No, your divorce will not make him deportable, but that really is unrelated to your marital problems.

I'm assuming that he's a conditional permanent resident. If you divorce him now, until the USCIS finds out about the divorce, his status will be lawful until the expiration of his conditional green card, which should be exactly 2 years from the day he got it. After that, he won't be able to renew it without your consent and if you say no, he goes bye bye. If you want him gone faster, you can alert the USCIS upon your divorce and his conditional permanent residency will be revoked. Also, he won't be able to bring his family over legally as a conditional permanent resident.

If you get a divorse, there is no assurance they will send him nback to Mexico, especially if you have been together so long that you have 3 kids together. You need to consult wirh an immigration attorney with years of experience in cases like yours, or he will have succeeded in getting rid of you and remaining with his family. This situation is complicated and you have not supplied all the pertinent facts.

No, if he already has a green card and it is no longer conditional, if you get divorced, he will not have to go back to Mexico; he has his own status and can remain in the US. If, however, you can somehow prove that he married you only for the green card, it may be that the USCIS will decide to inquire further, but this is probably not very likely.