Can a husband have his wife deported if she has been unfaithful? 5 Answers as of July 16, 2013

My friend has been in the country for almost 6 years married to a man who brought her over from the Philippines. After about 4 years of being treated like property, she became very unhappy. In the last 4 months, she has been cheating on him with another man and has recently found out she is pregnant. She never has sex with her husband so she knows it's not his. She has a 10 year green card and she has been married to her husband for nearly 6 years. Can her husband have her deported for infidelity? Can he stop her from finishing her citizenship requirements?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
No, and no. If he has her permanent green card now, she does not need his assistance to file for her citizenship. Also, whereas infidelity may be a basis for divorce and whatever other prenups they may have had, it is not a basis for deportation.
Answer Applies to: California
Replied: 7/16/2013
LAW OFFICES OF S. OUYA MAINA | SAMUEL OUYA MAINA
Since she has the 10 year card it is highly unlikely her husband could do anything at this point. He would have to convince CIS that his wife engaged in fraud when she married him. The fact that the marriage has since fallen apart will not be enough if the wife entered into the marriage in good faith.
Answer Applies to: California
Replied: 6/27/2013
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
No. Her permanent green card is hers. If she waits 5 years after she initially got her green card, she is eligible for citizenship, even if she divorces her husband. The adultery may have been wrong, but so is spousal abuse. She is not set up for removal, and any attempt to allege marriage fraud will likely fall on deaf ears.
Answer Applies to: California
Replied: 6/25/2013
All American Immigration
All American Immigration | Tom Youngjohn
In the past, at least in the books, adultery has been a bar to naturalization. However I've never seen it used. Odds are, if she just goes ahead and gets a divorce and waits for the five years (minus three months) from the date she became a (temporary) Lawful Permanent Resident, she should be able to naturalize. But if she has not had the green card (temporary Lawful Permanent Residence) for four years and nine months yet, she should wait until then to file because she could lose it all if she files alleging that her marriage is still bonafide. Get the divorce. Get the divorce, wait the five years minus three months, and, without any criminal record, if the marriage was ever real in the beginning, then she should be fine. Do not allow the husband to get an "annulment". Have a reasonably good divorce lawyer prevent this if the husband tries to do this, either filing for an annulment on his own, or by trying to convert the divorce to an annulment. It's always smart to get a second opinion.
Answer Applies to: Washington
Replied: 6/25/2013
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
No. Only the Department of Homeland Security can deport someone. This does not prevent her husband from telling the Department of Homeland Security the marriage was fraudulent, but she would have an opportunity to challenge such allegations, if raised.
Answer Applies to: New York
Replied: 6/25/2013
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