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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109324
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My girlfriend is from colombia and has recently been separated

Customer Question

my girlfriend is from colombia and has recently been separated from her american husband. he is threatening to deport her and he is holding her greencard
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Welcome to JustAnswer! My name is***** I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger. It is not within his power to deport her. He can report her if she has done something wrong, and then maybe the government would take action, but he cannot deport her himself. Anyway, does she have a 10 year green card or a 2 year green card?
Customer: replied 2 years ago.
He states that he has her green card in his hand. It has recently been received in the mail. He states that since she has been unfaithful that she can be deported and wants money for the card or he will have her deported
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Is it a 10 year green card or a 2 year conditional green card?
Customer: replied 2 years ago.
He states 2 year card
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Ok. I ask that you PLEASE not log off without leaving a smiley face/positive rating. This is VERY important and we do not finish just because it says, "To finish...". You may continue to ask additional questions without additional charge on this same thread even after you leave a positive rating. She may start the divorce process now. It doesn't matter who starts it. She also does not have to wait until her conditional green card expires. She will have to file an I-751 waiver. Here is some information on that: http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage Focus on where it says, "If your marriage was terminated other than by the death of your spouse, you must submit the following:" She will need to submit evidence similar to the evidence that she submitted at her marriage interview. She must prove that even though she divorced or is divorcing, her marriage was not entered into solely for the purpose of obtaining an immigration benefit. Here is a list of things that I like to give my clients and I know that she may not have all of these things, but the more she has, the better it is.A letter where she describes, in a very detailed fashion, the circumstances in which she met her spouse, the reasons she married, and the feelings and emotions that she had or still has towards him, and why.If they have a child or children together, the birth certificate for each child.Wedding pictures and pictures of other moments when she and her spouse, and other members of each family and friends have been together.Very detailed letters from people who know them and who are witnesses that their marriage was valid, who were at their wedding, or who knew them as a married couple.Love letters or cards that they received from their spouse while in the relationship.Letters from people addressed to both of them, or in which the person who wrote the letter refers to both them as a couple.Any types of documents that have both their names on them that show that they bought a car, a house, furniture, or anything else together.Any rental or lease agreements for their home or apartment with both of their names on it or a letter from the building manager or owner proving that they lived together.Bank or financial statements that show that both had or have a savings or checking account together.Any insurance documents that show that they were or still are covered by their insurance plan, or that his plan covers or covered her.Bills, such as electricity, water, heat, cable TV, phone, or others that show both their names.Jointly-filed Income tax papers (both their names).An identification card that shows that his spouse's was using his last name.Membership cards for video clubs, grocery stores or similar businesses, that show joint membership.Any other documents. Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That does not help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, "To finish". I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.
Customer: replied 2 years ago.
Is he allowed to hold her green card or does it matter as long as she does not leave the country
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
It is her green card and she can report it to the police. They may get involved or they may tell her she has to go to divorce court to get a judge to order him to hand it over. Or she can file an I-90 to get a replacement green card sent to her new address. Here is a link: http://www.uscis.gov/i-90 Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Not cool that you logged off without leaving a positive rating like I asked you to. I gave you valuable information that will keep your girlfriend out of trouble. Even if her husband reported her, he would have to have evidence that she only married him for the green card and even then, she would not be a priority for deportation. Why? Because the government is short on money at the moment and they just don’t have the money to deport everyone that is deportable from the U.S. Because of that, they are focused on deporting persons that have serious crimes. So as long as you have no crimes in your background, your risk is very low. Here is a link and the most updated one:http://www.ice.gov/doclib/news/releases/2010/civil-enforcement-priorities.pdfhttp://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf Let me know if you need anything else, but please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Customer: replied 2 years ago.
Sir. Thank you. I have given an excellent rating but i will do it again. Please let me know if it doesn't reflect it
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
It doesn't seem to have gone through. I will contact the administrators and let them know. Thank you!
Customer: replied 2 years ago.
I have been trying several times to rate excellent but it keeps giving me an error
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
I let the administrators know. Thank you for checking in. I appreciate it!
Customer: replied 2 years ago.
I tired again. Still gives me an error
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Thank you, ***** ***** I have reported it again.