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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12185
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I've been a conditional card holder year. My husband found

Customer Question

I've been a conditional green card holder for a year . My husband found out I used to be an escort , and now he threats with getting me deported and leave in the street without anything. I don't have any criminal record , and I have never been arrested for anything.
Now I go to school and I finally graduate in May , he doesn't understand that I have changed.
I'm from El Salvador btw .
What's going to happen if he divorce me ? Will I get deported ?
Can I still file on my own ?
Which ones are my options ?
He is very verbally abusive , specially since he found out what I used to do for a living .
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello! Thank you for using Just Answer. I am James. I will be assisting you. Please view this as a casual conversation. We will chat back and forth until I have all of the necessary information I need to give you a thorough answer.

During this process, please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. When you are giving a rating, please do not rate the state of the law or the outcome of your situation. I cannot control those things. I am just a messenger.

I know a negative outcome might create negative feelings for you, but those feelings should be directed to the US laws, not me. Thank you for your understanding.

ANSWER: In most cases, if a US citizen divorces a conditional resident, the conditional resident keeps the 2-year card. Then when it is time to apply for the permanent resident status by filing removal of conditions, you would ask for a waiver from your husband's help. If approved you get your 10 year permanent resident card.

The key to filing the waiver is providing evidence that you were married in good faith at the time you got married, but the marriage did not work out.

Be very careful; you do not want to volunteer information that you did anything against the law. If you volunteer the information about being an escort in the past, it could raise problems (if being an escort meant you provided sexual favors in exchange for something like money or goods). That would be considered prostitution, which is a crime involving moral turpitude.

If you admit to or are convicted of committing a crime involving moral turpitude, you can be placed in removal proceedings which can result in you being deported.

So there is a way out of this and a way to continue on your own; it just takes an additional step and some more effort to do it without the help of your ex-husband.

Another option would be if you can document and provide evidence of mental abuse. In that case, you might be able continue the process with a VAWA case. That would allow you to process a permanent resident card and become a permanent resident without your husband's help at all, on the basis of the abuse. The US government doesn't want to force people to stay in abusive situations or be forced to leave.

I hope I have answered your questions. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

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Thank you!

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.