Legal Question in Immigration Law in New York

He cannot "get out of his marriage"/divorce without affecting his pending case with Immigration services. His application for a green card is pending because of his marriage to a US citizen.

I understand that he is in USA, married to a US citizen and applied for a green card?

If you are a US citizen, and would like to petition and sponsor him instead, then you might be able to do so if and when he is divorced (assuming that his first marriage wasn't a sham marriage). However, you should definitely consult an immigration attorney.

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It depends on what stage his current case is. There might be a possibility that he can continue his case. More information is needed to determine that. Also, may be you can be his sponsor if he divorces his wife and marries you.

You should probably consult an immigration lawyer who will assist him obtaining legal status.

If you have any questions or need further assistance, you can contact our firm.

I would need more information regarding your particular case before I could comment on it properly.

However, what I can say is that if his wife no longer wants to help him, he is going to have a big problem with immigration.

If he decides to leave his wife and she informs immigration that he has gone immigration will STOP his petition because his wife is the one who aided him in his immigration status.

Be careful about trying to find another wife as immigration may look at this a a scam to stay in this country.

Patricia Martin-Gibbons

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