Hi...i wonder if a US citizen (man) can take away his wife Green card(10 years) after divorce by reporting to INS?
His wife never cheat and they just always fight by different perception or way of thinking!
2007-06-11 10:52:47 · 8 answers · asked by Momocha 2 in Politics & Government ➔ Immigration
No!!
The permanent residency is just that PERMANENT.
After the first 2 years on conditional residency your status can not be taken away unless you give it up or leave the country for a long time without good reason.
Even if you divorce during the first 2 years you can usually retain you residency as long as there is no indication that the marriage was solely to get a greencard.
2007-06-11 11:39:11 · answer #1 · answered by Manuela S 3 · 0⤊ 0⤋
Not only can he not take it away, the odds are that the fighting can be redefined as a form of abuse and she can self-sponsor citizenship if she so chooses.
" if the wife has a green card, and it is not a "conditional" green card, separation or divorce will not have any affect on her immigration status. A wife will receive a " conditional green card" if the marriage occurred within two years of her entry into the United States as an immigrant or her adjustment of status in the United States to legal resident status. If she married more than two years before these events, then she will receive a green card that is not conditional.
If the wife received a conditional green card, then she and her husband must file a "joint petition" to remove the condition, two years after she received legal resident status. At that point, she becomes a full-fledged permanent resident. Where a wife has a conditional green card and must file a joint petition with her husband, she will not be able to file the joint petition if she divorces the husband. In order to file the joint petition, the couple must be married at the time the petition is filed. Even if the couple is married, an abusive husband will often threaten that he will not file the petition. This in itself may be a form of abuse.
However, the immigration law gives the wife protection by permitting her to file a waiver from the normal requirement of filing the joint petition. A conditional resident does not need her husband to file the petition. She can file an application to waive the requirement of filing the joint petition. Also, she does not have to wait two years to file the waiver, she can file it at any time.
If she divorces her husband, whether for abuse or any other reason, all that is required to remove the condition is for her to show that she entered the marriage in good faith and the marriage has been terminated by divorce or annulment.
Irrespective of whether the couple is divorced, she can file a battered spouse waiver. She must show both that she entered into the marriage in good faith and that she or her child was battered or subject to extreme mental cruelty by the U.S. citizen or legal resident husband.
Irrespective of whether the couple is divorced, and irrespective of whether or not there was abuse, she can file an extreme hardship waiver. To obtain this waiver, she must show that her deportation would result in extreme hardship.
The easiest waiver to obtain is one based on divorce. All the woman must show is that the marriage has been terminated and she entered the marriage in good faith. If the woman can show both that she entered the marriage in good faith and that she or child has been the victim of abuse, then she can obtain a battered spouse waiver whether or not the marriage has been terminated. The extreme hardship waiver is also available whether or not the couple is divorced, but, as a practical matter, this is very difficult to obtain. "
2007-06-11 18:26:37 · answer #2 · answered by Orv 3 · 0⤊ 0⤋
No if someone is threatening to take away your green card to manipulate you you are warranted to call the police on them. No private citizen , even your spouse can take away your green card status.
I am including some links below to help you
2007-06-11 18:34:07 · answer #3 · answered by Anonymous · 0⤊ 0⤋
No way! A Green Card means that you are a permanent resident.Don't let him try to scare you,you have a legal right to be in the US.
2007-06-12 14:34:15 · answer #4 · answered by Marilyn T 7 · 0⤊ 0⤋
No. The citizen didn't issue the card so they cannot take it away. Divorce is irrelevant.
2007-06-11 17:57:43 · answer #5 · answered by Mathsorcerer 7 · 1⤊ 0⤋
except the US govt ( homeland security) no one has a right to take your greencard
If the husband ever try to take away the greencard then wife should immediately report to the police
2007-06-11 18:43:20 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Why would you want to strip her of what you’ve given her? You’ve introduced her to a way of life - one most of us here consider being great (best ever) civilizations to grace the face of this planet.
If she hasn’t hurt you in another way than your pride, get over it.
Live & let live
2007-06-11 18:41:50 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yes.I took my ex-wife's.Now she is back in Mexico eating mud.
2007-06-11 18:35:42 · answer #8 · answered by PICKER 1 · 1⤊ 1⤋