Could my husband cancel my green card? 20 Answers as of December 21, 2011
My husband and I had been married since 2007. We haven't been getting along lately. I got my green card through him on August 2011(expire date in 10 years). Things have been terrible since then and I want a divorce from him. But I'm scared if I get a divorce from him, can he take away my green card like he threatens me that he would? Please help me. ThanksFree Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereOltarsh and Associates, PC | Jennifer Oltarsh
You already are a resident. He could argue that the marriage was not in good faith. You will have to produce evidence that your intent was good when you married.
Answer Applies to: New York
Replied: 12/21/2011
Perez & Gomez Law, LLC | Ana Maria Gomez
Husband cannot take your green card. You are already a permanent resident without conditions (you have a 10 years card), thus you should not fear repercussions from him if you file for divorce. I will recommend you become a US citizen as soon as you can file, that way you do not have to worry about the permanent residence status.
Answer Applies to: Minnesota
Replied: 12/20/2011
Matthew I. Bernstein, Attorney At Law | Matthew Ian Bernstein
No, your husband cannot cancel your green card. However, it's a good a idea to meet with an attorney so that he or she can advise you on the kinds of documents you should gather before you leave home to make sure that you won't have any problems when you apply for citizenship.
Answer Applies to: Illinois
Replied: 12/20/2011
Law Office of Sylvia Ontaneda-Bernales | Sylvia Ontaneda-Bernales
He can't. The law protects alien spouses like you who suffer those awful threats. Consult with an immigration attorney.
Answer Applies to: Maryland
Replied: 12/20/2011
Kanu & Associates, P. C. | Solomon O. Kanu
No. The green card is yours to keep. You have been married to him for more than two years.
Answer Applies to: Arizona
Replied: 12/20/2011
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
You can divorce. He has no power over your immigration matter now.
Answer Applies to: California
Replied: 12/19/2011
The Law Office Kevin L.Dixler | Kevin Lawrence Dixler
I strongly recommend an appointment with a competent and experienced immigration attorney. You have rights, but preserving the evidence can prove important. Our office can be reached at 312-588-055 for legal advice and an opinion on which form of relief you may pursue at this point.
Answer Applies to: Illinois
Replied: 12/19/2011
Philip M. Zyne, P.A. | Philip M. Zyne
As long as your marriage was bona fide, and there is no other ground of removability, there is no chance that your husband can have your green card revoked.
Answer Applies to: Florida
Replied: 12/19/2011
Langstadt Pauly Chartered | Clemens W. Pauly
It sounds like you are not a conditional permanent resident; therefore, there are no looming deadlines in the future where you would have to jointly appear in your green card process. There is nothing your husband can do to "take away" your green card, unless the entire immigration process was a fraud. However, if this is a bona fide marriage that unfortunately did not work out, you can get divorced without the need to fear any repercussions from immigration.
Answer Applies to: Florida
Replied: 12/19/2011
The Jarrett Firm, LLC | Patrick Jarrett
First, I am sorry you and your family are going through a tough time. To answer your question, no. Your husband cannot take your green card from you. He cannot have you deported, remove your lawful permanent resident status, etc. If you get a divorce, your immigration status will not be impacted since you have a full ten-year green card. I recommend you speak with a family law attorney who is familiar with immigration law.
Answer Applies to: Georgia
Replied: 12/19/2011
Julian & Chin LLP | Larry F Chin
Your husband does not have the authority to cancel your green card. Only the United States government can do that. If the US government wants to take action against you (perhaps based upon your husband's notification), you will have to prove that your marriage was legitimate and entered into for reasons other than immigration. You should not remain in a marriage for the wrong reasons. If you leave your husband, be sure to document any proof of your time together as well as any threats that he may have made against you.
Answer Applies to: Washington
Replied: 12/19/2011
Matthew Cameron Attorney at Law | Matt Cameron
Under the circumstances you have described, your husband could only "cancel" your residency if he were to go to Immigration and allege that you had both committed marriage fraud. This would not only be a lie, but would amount to him confessing to a serious federal crime. He can't otherwise withdraw your residency now that you have it. This sounds like a bad situation. You should divorce him as soon as you are able.
Answer Applies to: Massachusetts
Replied: 12/19/2011
Baughman & Wang | Justin X. Wang
USCIS will not take away your green card UNLESS it has solid evidence that your marriage is for immigration purposes. Your husband cannot take away your green card either unless he has solid evidence that your marriage is a sham marriage.
Answer Applies to: California
Replied: 12/19/2011
Law Offices of Grinberg and Segal | Alexander Segal
Your husband can cause problems for you, but he cannot necessarily cause your green card to be taken away. We have seen instances where spouses and/or ex-spouses contact USCIS and falsely report the marriage was fraudulent. It is in your best interest to keep copies of all your immigration paperwork and any evidence you have regarding the bona fide nature of your marriage in case USCIS starts an investigation. You should also document that treatment you are enduring with your husband to the extent possible (i.e. photographs if there is physical abuse, psychologist's reports, etc.). Even if your husband did file a false statement with USCIS, you would be entitled to certain procedural safeguards where you have an opportunity to show the green card was properly issued. You should keep any documentation regarding your marriage until you become a U.S. citizen. You should not remain in a marriage solely out of fear.
Answer Applies to: New York
Replied: 12/19/2011
Wildes & Weinberg, P.C. | Leon Wildes
Your husband would have to prove that you (and he, presumably) lied to the government, which could involve him in problems as well. If you want a divorce, you should consult with an attorney who is sensitive to immigration matters.
Answer Applies to: New York
Replied: 12/19/2011
Law Office of Eric Fisher | Eric Fisher
Your husband cannot take away your green card even if you get divorced. If you have a 10 year card now, it is no longer conditional and you need not stay married. You can apply for naturalization 5 years after getting the green card even if you are no longer married.
Answer Applies to: Colorado
Replied: 12/19/2011
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
If you have a 10 year green card then you are fine. Your husband cannot do much to take it away from you. You just need to wait now for 5 years to apply for US citizenship (not 3 years).
Answer Applies to: California
Replied: 12/19/2011
The Law Offices of Kristy Qiu | Mengjun Qiu
Not at this point he cannot. Unless he reports to the police that you have committed a felony or that the initial marriage was fraud. But if he does the latter he would be affected as well, therefore I highly doubt he would do it.
Answer Applies to: Florida
Replied: 12/19/2011
Law Office of Christine Troy | Christine Troy
Your husband has no power over you at this point in terms of your immigration status. He cannot petition to have your status taken or use his status as a USC or your spouse to have it removed from you. I have seen vengeful ex's try to claim that the marriage was fake when it clearly was not, but you will be able to overcome that with proof of joint documents, photos, etc and your own testimony.
Answer Applies to: California
Replied: 12/19/2011
















