You are here:

Immigration Issues/green card revocation

Advertisement


Question
Dear David,

No, I have not filed the petition that you mentioned below. I didn't know anything about that. I didn't receive anything from the INS in regards to it or the expiration of his status. We passed the 2 year limit. It's weird that the INS doesn't keep track of these things but I guess it's a good thing in my case that we passed the timeframe?

-------------------------
Followup To
Question -
Dear David,

Thank you for your help. I will make an appt. a.s.a.p.

I appreciate your help!

Best Regards,

Michelle


-------------------------
Followup To
Question -
Dear David,

If I report him, what proof would I need? The only proof I have are his phone bills. Are those good enough?

Thank you so much for your help! I appreciate it!!!

Best Regards,
Michelle

-------------------------
Followup To
Question -
Hello!

My question is that I am a citizen and I married an illegal alien 7 years ago. One year after receiving his green card, he went back to visit his home country and cheated on me (this was 2 years ago). Later he told me the reason he went there was to find a girlfriend. In a month or so he will be going back again to "visit". He does whatever he wants to do no matter what I think or say. He is shipping a car there as well before he leaves. We have two kids together. I am thinking about filing for divorce but I want to know if I can take away his green card or at least suspend his rights? I gave him his rights and I want to take them back. The only proof that I have that he had a girlfriend are his phone bills. How does it work? What proof do I need to have that he used me for his rights? Any advice would be helpful!

Thank you,

Michelle
Answer -
What country is you husband from?

Adultery is a Deportable offense.  make sure you document what you can and report it to your local ICE office.

Send me his 'A' file number(number starts with an A then followed by 8 numbers, so I can check on his actual status.
Answer -
Michelle

Before becoming a citizen, there are certain criteria Popesc
must meet under Section 316 of the INA:
A Residence - must be continuous for 5 years prior to naturalization
B Absences - Cannot be longer than 6 months
C Physical Presence in the US
D MORAL CHARACTER - Must maintain good moral character
E Determination of good moral character - we can go beyond
 is entry date as a visitor up until he is sworn in as a naturalized citizen...if has any arrests or has committed an offense that is consider immoral ie-adultery, he cannot become a citizen.

You should immediately go to the nearest CIS office and meet with an adjudicator and explain to that officer what is transpiring.


Answer -
Did you file an I-751 (Joint Petition to Remove Conditional
Basis of Alien's Permanent Residency Status).  Within 90 days before the expiration of the conditional two year period must be filed.  The petition must verify that the marriage is legitimate, that it remains intact, and that it was not entered into for payment.  A final interview is conducted prior to the conclusion of the conditional period, and if satisfied immigration officials approve the petition and lift the alien's conditional status.  In the couple fails to file the form I-751 before the expiration of the two year conditional period, the alien's status expires and he is subject to deportation.

Did you file this form?

Answer
It would appear to me, your soon to be ex, no longer has any status in the US.  Is he overseas at this time?  Did he apply for a reentry permit?
Still go to CIS with your divorce documents...or intentions to divorce him.  CIS will need to get this information to revoke his status...which should be done anyway since the 751 was never filed.
DO NOT UNDER ANY CIRCUMSTANCE...backoff.  If he gets word of this, he will back at your doorstep with flowers in his hand begging for forgiveness...I suspect he used you, even with the kids, to gain his permanent residency in order to bring in his true intention from Romania.  Heck, he probably has a wife and kids over there and was using you to get them over here.  Keep in mind, this is an everyday tactic employed by foreign nationals to get into the US...so you are far from being the only person this has happened to.
Good luck, stand your ground, and get on with your life.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


David

Expertise

Immigration Law enforcement Border Patrol

Experience

30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

©2016 About.com. All rights reserved.