Legal Question in Immigration Law in New York

Help. I am married and I was being sponsored by my spouse for a green card. we have not filed the i-130. I admit I commited adultery and now my spouse will not sponsor my green card. But the problem is he also threatened to report me to immigration. Can I be deported. I came in and overstayed a b-1 visa and now would be completely out of status. can i really be deported?


Asked on 7/06/15, 12:05 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Theoretically, you could be Removed, if you are apprehended by I.C.E., if you are out of status (not for adultery). However, it is unlikely that I.C.E. would come to your house & arrest you, since they get lots of calls from angry estranged spouses who seek revenge.

I suggest you get a divorce & then, if you re-marry a U.S. citizen, the new spouse can petition you for a greencard.

Also, you can self-petition for a greencard if you can prove that you are/were being abused by your current U.S. citizen spouse.

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Answered on 7/06/15, 12:17 pm


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