Legal Question in Immigration Law in Florida

ex husband wants my greencard cancelled

i got my permanent resident card through my husband in 2006 and then after finding out he was abusing drugs i moved out and asked to divorce him. We got a divorce in 2007. Since then he started threatening me that he will report to immigration that our marrige was fake. Can he really do anything at this point? ( On the greencard interview i was questioned by fraud department if that matters)


Asked on 6/08/09, 2:56 am

2 Answers from Attorneys

Daniel Hanlon Hanlon Law Group, P.C.

Re: ex husband wants my greencard cancelled

Dear Inquirer:

The USICE can only move to take away your green card if they can prove fraud in the marriage. Since you already persuaded the USCIS that your marriage was bona fide through a fraud interview, it is unlikely that they would pursue your deportation based on the bare fraud allegations of your drug-abusing husband.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like further information.

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Answered on 6/10/09, 12:26 am
Michael Harris Law Offices of Kravitz and Guerra, P.A.

Re: ex husband wants my greencard cancelled

It all depends, but the chances may be in your favor. The question is whether you have conditions on your residence. Typically, spouses of U.S. citizens receive their green card with conditions that require them to apply to remove them within 90 days of the 2 year anniversary from the date they received residence. The husband and wife, in this scenario, must jointly file together to remove the conditions. If they cannot, such as due to divorce or separation or domestic violence, then the immigrant spouse can file to waive this requirement. It can be sought after the 90 days has passed, but the divorce must be finalized.

More information will be needed from you, and I suggest you contact a qualified immigration attorney. It's important that you do so quickly. Our offices are in Miami, FL, and feel free to contact me for assistance.

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Answered on 6/08/09, 9:55 am


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