Legal Question in Immigration Law in California

If he relied on her to get his permanent residence, he is not in a lawful status and needs to otherwise secure permanent residence in the U.S. Deportation is not inevitable, though a possibility.

Hello:

I don't know if I understand you completely. But if the husband was married to his 1st wife when he received his legal status through his 2nd wife, then his status may not be valid, since the basis would be through a marriage that wasn't valid.

If he would like to be in legal status, he should divorce his 1st wife in order to legally marry his US citizen wife. Doing this may not automatically put him in legal status. His US Citizen wife may have to re-file a petition for him.

If he is in valid status (he has a green card with no accusation of fraud), then he will not necessarily be put in deportation proceedings, unless he is found to have been fraudulent in getting his green card. This could happen if he is found to not have a valid marriage to the US Citizen. If this occurs, he may be put in deportation proceedings (court). He will not automatically be deported. The judge will give him an opportunity to explain his actions and show if he has relief. For example, if he gets a divorce and marries the US citizen, she can re-petition him and this may prevent his deportation.

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