Legal Question in Immigration Law in California

My wife and I are from the Philippine. We got married there 2005. She was able to get US citizenship soon after that. She brought to the US as immediate relative (IR1 process per USCIS) in 2007. I have my green card and it will expire 2014. We are going through a tough time now and our relationship is not healthy anymore. She accused me cheating on her which I'm not. She is very abusive and I can't tolerate her anymore. I want to divorce her but she said she will go to USCIS so that my green card will be taken away and I will be deported. My question is, can she go to USCIS and have me deported since my green card is not conditional?

Currently I am looking for a lawyer to handle my case.


Asked on 10/10/09, 2:05 pm

3 Answers from Attorneys

Luba Smal Smal Immigration Law Office

No, your wife cannot have you deported. You are lawful permanent resident, and were married to her long before she came to USA and became a resident and then a citizen.

If you�d like to schedule a telephone legal consultation, please let me know: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 10/10/09, 2:08 pm
Ellaine Loreto Law Offices of Ellaine Loreto

Good Morning:

I am sorry to hear that your marriage is going through such tough times.

There is some good news however. Although your green card can potentially be revoked for reasons such as fraud or crimes, it cannot be revoked by your wife without good cause. Has she filed any charges with the police against you?

Should divorce be in your best interest, our office can help you with that as well.

To discuss your specific case further, please feel free to call me at 714 288 0610 or email me at [email protected]. Our office offers a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 10/10/09, 2:16 pm

Generally speaking, since you have already received your green card that is valid through 2014, it would not be a problem if you should divorce. Your wife states that she could have you "deported", but in actuality, there would need to be an allegation of fraud in the marriage or some other crime that you may have committed. If any of those were the case, then the immigration service could revoke your green card, only with cause. You may be eligible to apply for citizenship once you have reached being a permanent resident for 3 years and you are still married to your wife. Should you divorce, then you would have to wait 5 years to apply for citizenship, assuming you are eligible. We would be happy to assist you in any immigration matters and can be reached at 415-387-1364 or email: [email protected].

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Answered on 10/11/09, 3:35 am


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