Can I be deported because of divorce? 3 Answers as of May 04, 2011

My husband applied for my son and myself, we are all lpr and living in the US, however the marriage isn't working and may lead to divorce, could he have me deported because our marrigae isn't working. We have been together for 10 and have a child together, my marrigae is not a scam or have I done anything illegal or have any criminal records. So would he be able to deport me?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
No he cannot deport you. He has no power whatsoever to deport you. So do not worry about anything said along those lines. Did you say you have been married 10 years? If that is the case, do you already have your 10-year green card? If that is a yes, then I repeat what I said, you do not have to pay any attention to threats of deportation. If you meant to say that you have been together for 10 months, then I would suggest you find a good attorney who can get you to the next step of the LPR through marriage process, the I-751 application. You will need to explain the reason why your spouse is not applying with you to remove the condition on your green card. This is because the law only considers a marriage NOT as a scam or sham if the couple has been married for 2 years or more. If you do not have 2 years of marriage, find competent counsel to prepare your case. Good luck!
Answer Applies to: California
Replied: 5/4/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you have a 10 year permanent Green Card you will not be deported if you get divorced. Once you are granted our legal permanent residence you cannot lose it because you are divorced and your husband cannot "take away" your status.
Answer Applies to: California
Replied: 5/3/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
I am sorry for what you are going through. What do you mean you are LPR? Do you have a permanent green card? or you have been naturalized? If you have permanent green card, you should not have a problem. If you don't, you should talk to an immigration lawyer for a further analysis of your case.
Answer Applies to: Florida
Replied: 5/2/2011
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