Legal Question in Immigration Law in California

I'm asking for a friend...He's in the process of having the conditions taken off of his green card. Though married "in good faith" his relationship with his wife has become unbearable. He's bent over backwards financially to even get her to comply with interviews, home visits, etc.

Recently, he went to his home country of Brazil to deal with his dying father's estate (which is substantial). He was alone in his father's house when someone shot through an open window and almost hit him. Friends close to his wife have sent him messages that imply that she arranged for him to be murdered.

He has no proof of anything, of course. No one witnessed the gunfire. The Brazilian police chalked it up as random gunfire (not uncommon outside of Rio) and have dropped the case. Because it didn't occur in the US, the local police have no jursidiction to even question her.

Now, he doesn't know what to do. He's afraid to even call her and tell her where he's staying. Without ANY kind of proof that she's behind the attempt on his life, how on Earth does he get around having to deal with her? He's willing to abandon the green card for a visa instead so that he can travel to the US as his business is international.

He's afraid to even retain a lawyer in the US because they'll contact her and his Brazilian lawyer can't help him with US immigration. What should he do???


Asked on 12/07/09, 8:36 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

He shall contact an American immigration attorney. If he hires an attorney to represent HIM, his lawyer has no reasons to contact his wife. Why would his US lawyer contact his wife?

Yes, a Brazilian lawyer can't advise or help with the issues of US federal immigration laws, such as, visas or green card.

I understand that he has no proof that his wife is behind that shooting. The facts that you listed in your post: him paying to his wife for attending intervies, home visits (?), etc. can potentially make this situation look suspicious as a possible marriage fraud.

It's not clear from your post what do you mean "he is in the process of applying to remove conditions"? Did they already file a petition jointly with his wife? When his green card is set to expire?

If you�d like to schedule a confidential telephone or email legal consultation, or need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and assist in matters of U.S. immigration law to clients from all States, as this is the matter of U.S. federal law.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn�t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 12/12/09, 6:50 pm
Andrew Harrell W. Andrew Harrell, Attorney at Law

Explain to your friend that he likely is eligible for an investor-based visa, either as a permanent resident, or a non-immigrant visa subject to treaties between Brazil and the U.S. The investor route may enable him to avoid any further dealings with his wife or possible accusations of marriage fraud. We specialize in such visas.

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Answered on 12/12/09, 8:38 pm


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