Legal Question in Immigration Law in California

Re: Deportation

You can't, only the immigration service can. Has he been criminally charged? If he's convicted that would be a basis for having him "removed." Otherwise, you are left to report green card fraud (marrying solely for acquiring the green card), which you can try to report it to CIS investigations, but in my experience, won't have a lot of luck where you actually lived together for more than 2 years and where he likely already has removed the conditions on his green card.

You might be better off just getting the divorce and moving on.

Re: Deportation

Dear Inquirer:

Your husband could be deported if he is convicted of a crime involving domestic violence, or if the USICE can prove that he committed fraud in obtaing the green card. Since you apparently married him in good faith, proving his subjective intent to marry you only for the green card would be very difficult. I suggest that you report his "attempt to kill" you to the police. If he is prosecuted and convicted, he will most likely be deported.

Please visit our website at www.hanlonlawgroup.com for more information or email [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

Re: Deportation

At this time the good faith nature of the relationship has been established to the satisfaction of the immigration service, and you need to file for divorce and move forward with your life. If you have reported the violence to the police, it will be up to the prosecutor's office to press criminal charges against him. Many domestive violence offenses are deportable offenses, but it will be up to the prosecutor's office and then the immigration service to make those determination. You do not need to be involved beyond the initial police report.