Legal Question in Immigration Law in Colorado

Divorcing a foreigner

Marriage is almost 2 years old. Husband has conditions on permanent residency. Husband (Indian citizen) moved to US after being sponsored by wife's parents, and soon married after the birth of their daughter (wife became pregnant in India). Wife is receiving emotional and verbal abuse from husband, and wants to divorce husband.

Is emotional/verbal abuse in marriage less than 2 years old grounds for husband's deportation?


Asked on 8/25/01, 9:56 pm

1 Answer from Attorneys
Eric Fisher Law Office of Eric A. Fisher. LLC

Re: Divorcing a foreigner

If the marriage was not fraudulent (i.e., he married you just to get the green card), he will not be deported just because you are not getting along.

If you refuse to sign the I-751 (petition to remove conditions), he will need a waiver from INS, and if you advise INS of your situation, he may be denied the waiver and lose his permanent resident status.

If you file criminal charges for domestic abuse, he could also become deportable if convicted.

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Answered on 9/04/01, 1:13 pm


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