Legal Question in Immigration Law in California

My question is both an immigration question as well as a marriage question.

My friend, "S", is a naturalized U.S. citizen. He petitioned his fiance, "P", to come here and arrived last year. Not even two weeks since her arrival, they both married each other. As the months went by, her attitude changed, especially when she received her provisional green card (2 years). Every time they fight, S calls my husband to vent and complain why she always belittles him and/or starts a fight. Recently, around Aug. 2nd, P called 911 and reported spousal abuse which sent her husband to jail for a 24 hour observation. Afterwards, she filed a restraining order. While he was in jail, she took all her things, including their physical copies of pictures, only copy of their marriage license, as well as her petition papers and fled to live with her "friends". These "friends" seem to have taught her a lot about spousal abuse and vowed to get S back into jail and keep a 5-year restraining order. When the hearing came for the 5-year restraining order, my husband attended with our friend S as a witness. All questions asked from the judge from S's party were compared and both stories matched. All questions asked from P and her party were not. Needless to say, she lost the case due to mismatched answers and lack of evidence of her alleged spousal abuse attack. Not only that, she even lied in court, under oath. Now she wants revenge and is trying to sue him.

S has called ICE and asked what he needs to do. He was told to file paper work for divorce, which he's proceeding to do. Is this the correct procedure? Is it faster and better that he annuls the marriage? How does one proceed that or is that any different from filing a divorce? He has no income (was laid off in June, having trouble finding work) and cannot find a lawyer that can help him.

My question is: is there any way we can report this ourselves from our own stand point of the whole situation to speed up her deportation? Do we call ICE or do we call FBI? Please understand, my husband and I are really drained from this ordeal. We want help our friend as best as possible, to release him from this pain, and let him move on. My husband and I went through the long process of immigration and he became a citizen the right way. I do not want to see a person being used like that just to gain entry to the country.

Thank you


Asked on 9/01/09, 3:52 am

1 Answer from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Normally I don't make recommendations in situations like this and you can't take what I'm writing as legal advice. This doesn't establish an attorney client relationship. Annulment is for fraud. Divorce is not. If the wife committed fraud then this would be the way to go, however there is a small possibility that if P is successfully capable of accusing her husband of fraud, then S jeopardizes his naturalization. Divorce therefore is safer though might not be the best to rid her from the U.S. Marriage fraud is a deportable offense more readily provable by annulment, though is also able to be proven by divorce. Go to ICE. If you can locate a phone number, you can call them. Forget the FBI. They're not interested in this sort of thing, but ICE surely is. Just be careful. If your friend is lying to you, then he too - both of them - could be in trouble.

Sincerely,

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Answered on 9/01/09, 4:22 am


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