If my husband has cheated on me, can I stop him for being granted permanent residency in the USA since he is now a temporary residence? 5 Answers as of October 17, 2012

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If you believe that the marriage is not bona fide and was not so from the beginning, you can report it to USCIS.
Answer Applies to: California
Replied: 10/17/2012
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
The answer depends upon whether the marriage was bona fide. The ultimate decision is up to USCIS as to whether to revoke his conditional residence or approve his petition to remove the conditions. Unfortunately, cheating alone is not necessarily sufficient to cause someone to lose their residence. However, if the marriage was not bona fide that would be grounds for loss of residence.
Answer Applies to: New York
Replied: 10/16/2012
Law Office of Bijal Jani | Bijal Jani
You may impact any permanent residency filings if you file for a divorce and advise USCIS that you have filed for a divorce. Keep in mind though that if he is able to show to USCIS that he entered into the marriage with you on a bona fide basis, they may still allow him to seek permanent residency.
Answer Applies to: New York
Replied: 10/16/2012
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
Your husband received residence in the U.S. that is conditioned on his continued marital relationship with you. If you divorce him, he will not be able to remove conditions on his residence and will be asked to leave the U.S. You might also affirmatively withdraw the affidavit of support you filed for his adjustment of status - that will prompt USCIS to move against him rather quickly.
Answer Applies to: New York
Replied: 10/16/2012
Ben T. Liu Law Office
Ben T. Liu Law Office | Ben T. Liu
You can try, but if you and your husband married for love at the beginning, he may still be able to get his 10-year green card.
Answer Applies to: Michigan
Replied: 10/16/2012
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