Legal Question in Immigration Law in South Carolina

I receive my 2 yrs conditional green card may 2015 my husband went to the immigration office and tell lies on me . If I travel out of the USA would I be allowed back in the usa


Asked on 1/19/16, 1:06 pm

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

There are two issues here:

First, is USCIS or ICE investigating your case for any reason, or have you received any notification from USCIS or ICE that your greencard might be revoked? If not, then chances are your husband's attempt to report you, for whatever reason, is not going to affect your current status. And therefore you can travel outside the U.S. (Many times, abusive spouses lie about getting their spouse deported in order to control them, although I do not know what the circumstances are in your particular situation).

Second, you must file to remove the condition of your residency within 90 days of your conditional greencard expiring. If you are not married to your spouse at that time, or if he refuses to file jointly with you, then you will be interviewed and could potnentially lose your greencard, depending on the circumstances. I would highly recommend hiring an experienced immigration attorney to assist you with the preparation & filing of the Form I-751 (and possible waiver of the joint filing requirements) if you & your spouse are no longer married, or are still having marital issues, at that time.

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Answered on 1/19/16, 1:33 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (800) 750-1828. Kind regards, RDM

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Answered on 2/12/16, 11:16 pm


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