Can I cancel my husbands I-175 green card? 4 Answers as of February 03, 2011

If I had sent over a letter to immigration canceling his I-751, will they cancel it? If he applies for a spouse abuse and I divorce him he, will get his green card? He is in removal proceedings now.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If you jointly petitioned with him on the I-751 you can send a letter indicating you do not wish to jointly petition with him anymore. The green card belongs to him though and he does have the right to self-petition under various waiver categories - divorce, hardship or abuse but for each he must show the original marriage was in good faith but just broke down.
Answer Applies to: California
Replied: 2/3/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you filed the I-751 jointly with your husband you can withdraw the petition at anytime prior to it being approved. You husband could then re-file a new I-751 based on one of the reasons that allow a waiver of the joint filing requirement (ex. divorce or abuse). Whether it is approved and he gets his Green Card depends on the facts that he can prove. However, he still must prove the marriage was bona fide.
Answer Applies to: California
Replied: 1/27/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Whether your husband's greencard would be revoked would depend upon USCIS and not necessarily on any letter that you might send to the agency requesting to withdraw your affirmance of him as your marital partner in the I-751 which you both signed. However, if it is true as you claim that he is now already in removal proceedings, it may not make any difference one way or the other.
Answer Applies to: Virginia
Replied: 1/26/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You can write a letter to USCIS stating your intent and reasons to withdraw your petition. Good luck!
Answer Applies to: Florida
Replied: 1/26/2011
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