A tourist came to America for 3 months and finally decided to get married in the United States. He has not yet received his green card because the girl ran away, even though he is still married to her legally as it shows on paper. This man is stuck in the country and is nervous of being deported back to where he came from. In regard to that, can he divorce her or vice versa and reapplies for his own green card? What are the appropriate steps for him to start since the girl never did hand in the paperwork to the lawyer or part of the paperwork has been turned in to a lawyer? Or, which route should he take in order to live in America legally without being afraid of being deported to where he orginally came from? Please give me some advices regarding this matter as soon as possible.
2007-10-29 01:37:44 · 10 answers · asked by khenghean 1 in Politics & Government ➔ Immigration
As salaamu 'alaikym, my friend.
Insha'Allah, first and foremost he should immediately go to speak with an attorney who specializes in immagration issues and other related legal problems.
Most of what you may learn from the answers you may receive will be either "hearsay (which is virtually useless)" or based upon someone's past experience. That experience may be valid however, immagartion laws change so quickly and so often that what may have been true "yesterday" may not still be true "today".
Unfortunatley, this person may well face deportation as marriage to a citizen no longer gives one legal status so as to remain in this country.
Questions will arise as to why the marriage took place (i.e, was it so he might remain here, which it appears to be or was it "love" and if it was such, why has his new wife left?)
Other issues will be what paper work, if any, was turned in, when the application was originally begun, etc.
In regards the issue of a possible divorce, he may file for abandonment in most states of the union.
Yes, he may re-apply (if he had originally done so and filed the necessary paperwork) or make an application for his green card, however, it will probably be treated as an original application and not a continuance of a past visa.
Insha'Allah, remember to speak with an immagration speacialist and do not rely on any positing that you may receive.
may Allah, Subhanna wa Ta'ala, bless you and I will keep you in my prayers.
Ma'a salaam
2007-10-29 01:57:12 · answer #1 · answered by Big Bill 7 · 0⤊ 2⤋
He has good reason to be nervous. Did the runaway bride ever file any papers for him? He has no basis for filing his own papers. How long was his authorized stay for as a tourist. If he's out of status already, his problems are getting bigger by the day. A person who has stayed here illegally for at least 6 months is ineligible to recieve any sort of visa for 3 years. A person who has been here illegally for over a year is ineligible for 10 years. Can't even adise him to go look for a new and improved bride as from what you're saying, he is legally married at the moment. So, even if he did find a new wife, he'd have to get divorced from wife #1 first. Hard to do when you're not a legal resident to begin with. Given the facts above, getting a divorce seems like a good idea, but it won't solve his immigration problems any time soon.
2007-10-29 01:46:40 · answer #2 · answered by George L 7 · 1⤊ 0⤋
This man can very well get deported. One of the conditions in order to obtain a green card is for the couple to be LIVING together. If she ran away then he may need to go to a lawyer to annul the marriage so he can move on with his life.
2007-10-29 01:41:31 · answer #3 · answered by Settelbanat 4 · 3⤊ 0⤋
Yes he can
I know somone who is being deported next month
Been married for 2 years but never had his green card
updated from a travel visa.
2007-10-29 01:41:05 · answer #4 · answered by Fuzzybutt 7 · 3⤊ 0⤋
yes he can be deported if he does not have a green card.. getting married does not give him citizenship. Tell him to go to his country's' embassy for advise.
2007-10-29 01:41:41 · answer #5 · answered by topazale 2 · 3⤊ 0⤋
Go for the green card while still being married.
2007-10-29 01:40:14 · answer #6 · answered by Aeris 2 · 2⤊ 1⤋
If you are illegally here, yes, you can be deported.
2007-10-29 02:10:43 · answer #7 · answered by Anonymous · 0⤊ 0⤋
yes
2007-10-29 01:39:20 · answer #8 · answered by Anonymous · 3⤊ 0⤋
yes get packing
2007-10-29 01:42:04 · answer #9 · answered by Anonymous · 2⤊ 0⤋
i'd tell you to pray
2007-10-29 01:40:21 · answer #10 · answered by Anonymous · 2⤊ 0⤋