Can someone with a green card be deported by their US citizen spouse? 13 Answers as of September 09, 2011

My friend who is from kenya is married to a US citizen for about 2 and half years today. He is working two jobs, have a green card and all other papers necessary to be in this country. He is a good citizens and has followed all rules. Marriage is going down hill. He is not a citizen yet. He came over here on finance visa and got married within 90 days. Can she have him deported? What are his legal rights?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Dear Friend, If your friend has obtained his permanent residence visa, and had his conditions off his conditional visa removed (I-751), then he is home free. She can do nothing. If she claims fraud, then be prepared to get a qualified attorney to respond to her with CIS, and if possible with a cease and desist letter. If his conditions have not been removed, please feel free to contact me.
Answer Applies to: California
Replied: 9/9/2011
Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
He needs to figure out whether his green card is conditional or permanent. If it is conditional, he needs to seek attorney's help immediately. If it is permanent, he is ok unless she reports and has evidence he entered the marriage by fraud (purely for immigration purpose, etc.).
Answer Applies to: Oregon
Replied: 7/18/2011
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
Your friend probably received "conditional residence" status for two years. That means that he had to file a petition to lift conditions (form I-751) within 90 days of the second anniversary of his green card. The I-751 form is a form that is typically filed by both spouses together and there may or may not be a second interview to determine the result of this petition. If the wife does not join in the filing of the I-751 petition, then your friend can still file the form but he needs legal assistance and the form must be filed no later than the second anniversary of his green card.
Answer Applies to: Florida
Replied: 7/18/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
It is the government and not the U.S, citizen spouse who has the power to deport him. The green card belongs to him. If it is only a two year green card then normally the spouses file together to request the conditions on the PR be removed and show it was a good faith marriage. There are circumstances though when he can self-petition without the assistance of his spouse; he would need to be divorced, or show hardship or abuse. For any of these types of self-petitions he will still need to show that the original marriage was entered into in good faith but the marriage just didn't work out. He should consult a good divorce attorney as well as an immigration attorney.
Answer Applies to: California
Replied: 7/18/2011
The Jarrett Firm, LLC
The Jarrett Firm, LLC | Patrick Jarrett
The government deports people, not spouses. So, the answer your question as to whether she can have him deported is no. If he has a green card and it is active, then a divorce will not impact his immigration status. If he has a conditional resident card (a 2-year residency card) then he needs to speak with an attorney because he will need to remove conditions on the conditional resident card. If this is the case, he needs to contact an immigration attorney to discuss his case and so he can fully understand his options. Best wishes.
Answer Applies to: Georgia
Replied: 7/18/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    You need to ask him whether he and she have jointly apply to remove the restriction on his 2 year green card. If they have, he won't have a problem. If they have not, he will be out of status. Either he has to get out of the country or he will be deported some day. However, if he thinks he is somewhat an abused spouse, emotionally or physically, he should consult a lawyer for possible eligibility to self petition as a battered spouse. Good luck!
    Answer Applies to: Florida
    Replied: 7/18/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    No if he now has the permanent green card then he is free to divorce.
    Answer Applies to: Florida
    Replied: 7/18/2011
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    she cannot deport him. If he has his green card without condition, there is not much she can do even if they divorce. If he has a conditional green card, he will have toget divorce judgment and then file a waiver of joint petition. As long as he can show that his marriage is bona fide, he is fine.
    Answer Applies to: California
    Replied: 7/18/2011
    Immigration Law Offices of Misiti Global, PLLC.
    Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
    The spouse cannot have him deported. He should speak with an immigration attorney about applying for citizenship. For a free consultation you may contact my office.
    Answer Applies to: New York
    Replied: 7/18/2011
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    No she cannot. All she can do is not participate in your friend's application for removal of the condition on LPR or the I-751. This is because he is on a 2-year LPR card since he married a USC in order to get it. Past the 2 year requirement, the marriage will be considered a good faith one and your friend may be successful in removing the condition even without his wife in the picture. So, consult competent counsel on how to do that. If your friend already has the 10-year green card, then there is not much his wife can do to "have him deported." No one has that kind of power other than the US government. Good luck!
    Answer Applies to: California
    Replied: 7/16/2011
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    If he is a conditional permanent resident and he entered into this marriage in good faith but didn't work, he qualifies to apply for a waiver. For such waiver, he will need a seasoned immigration attorney to help him.
    Answer Applies to: Nevada
    Replied: 7/16/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    No, she cannot have him deported. He is a US permanent resident. Does he have a 10-year card or does he have a conditional residence?
    Answer Applies to: Texas
    Replied: 7/16/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    That depends on whether he is already a "unconditional" permanent resident. He should have been granted conditional resident status following his marriage with the obligation to remove the condition on his residence. If he applied to have the condition removed and obtained "unconditional" permanent resident status, there must be a finding that the marriage was entered into purely for immigration purposes for him to be put in removal proceedings. If more than two years passed and he has not yet applied to have the condition on his residence removed, the government might try to deport him. He will then have a chance to file an application to remove the condition together with his wife. If they are already separated, he must first get a divorce to be able to file the application by himself. The Immigration Judge would continue removal proceedings until there is a decision on the application. If approved, he can stay. If denied he can renew the application in court. Only if the judge confirms the denial can he be deported.
    Answer Applies to: California
    Replied: 7/16/2011
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