Legal Question in Immigration Law in New York

In 2001, I went to Dominican Republic with my son so he could go see his father. Later on, I stood a while there because my husband refused to let me come back to New York unless I married him in Dominican Republic. He knew I was still married to my other children's father at the time. I told him I couldn't get married because I needed to divorce my other husband first. He told me it didn't matter because when I would return to New York, no one would know anyway. So the only way for me to come back to New York was to marry him, which I did. Then when I came to New York, the first thing I did was divorce my other husband so I wouldn't get into trouble. Then my husband in Dominican Republic came back to New York with a music Visa. During his time in New York, he got arrested twice for domestic violence. So ever since he recieved his Green Card, I kicked him out of my house because he tried to abuse my daughter. What I would like to do is to annul my marriage because my marriage was never valid in the first place. Can he lose his Green Card because of our marriage never being valid?


Asked on 12/27/09, 8:42 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Yes, if a marrieage is annuled, his green card can be revoked as well.

In addition, being charged and convicted for a crime of domestic violence could be a basis for deportation.

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 1/01/10, 9:06 pm
Antoinette Wooten The Wooten Legal Consulting, PC

I would need additional information regarding your particular case before I could comment on it properly.

However, what I can say is that you want to know whether your husband/partner can lose his green card the answer is yes.

If or when immigration decides to do a thorough check, and if immigration checks the dates of your first and second marriages, it will see that you broke the law and committed bigamy.

You cannot be married to two men at the same time in this country.

Your second marriage is not valid. Accordingly, the whole situation with the green card is deemed invalid.

Your second husband was given the green card based on the fact that he was married to you.

Since the marriage is not valid neither is the green card.

Patricia Martin-Gibbons

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Answered on 1/05/10, 12:20 pm


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