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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 102506
Experience:  Private practice in several areas, including immigration
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My sons is in process in a divorce after he realized she

Customer Question

hello--my sons is in process in a divorce after he realized she married him for a green card .. she has since put a restraining order on him ..during that time took all their furniture moved out with another man to new york and did not show up to court so restraining order dropped forward a month she is back and moved in with another man in malibu ...she continues to make up huge lies about my son about his character and he just wishes would leave him and his friends alone ... should he report to immagration the fact that she is trying to find anyman to be with to live here? she had claimed to my son she hated AMERICA AND WAS ONLY HERE FOR HIM --her brother outwardly has a blog against America but she dowhat ever it takes to live here .. in oct it will be 2 years since married the have been seperated since this last Oct --please advise
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

If she has already received an unconditional (permanent) greencard based on the marriage, then his letters to USCIS or its sister agency NVC would not be acted upon. At this point, USCIS has confirmed the marriage as valid and if so, it is too late to really do anything unless he gets an annulment of the marriage (not a divorce).

If she currently has a two year conditional greencard which has yet to have become unconditional, then USCIS may decide to disallow her to make it unconditional if it feels that her marriage was for convenience, and not love. If so, then her application to make the greencard unconditional (I-751) may be refused. In this situation then, his letters to USCIS may very much make a difference.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!