The question is commonly posed as “can my husband deport me?” however, the issue could be gender neutral for both husbands and wives. As an immigration attorney, I frequently receive calls from spiteful spouses or crying wives about one spouse trying to deport another spouse. The answer to the main question is: No, a spouse CANNOT deport their wife or husband.
Marriage-based immigration does require a spouse to initiate and carry through with the petition and financial support portions of the Green Card application, whether Adjustment of Status or Consular. However, a spouse is not given control over their Foreign Spouse’s lawful status in the United States once a Green Card is approved.
Note: A Green Card Holder does not lose there Lawful Permanent Resident Card if they get divorced. If the card is only valid for 2 years, then there is a process with USCIS to make it a 10-year Green Card. You should speak with an Immigration Attorney about this process.
Many Green Card Holders believe their spouses when they lie about deportation, denying a Green Card, or similar threats. However, the Green Card Holder should realize that they have rights and do not have to stay in an abusive relationship.
What is common in these situations, where threats of deportation are said, is:
Many Green Card Holders do not know that resources are available to them. If the spouses are in the Army, Navy, Marines, Air Force, or Coast Guard, the armed services may have councilling, procedures to correct the actions of the armed forces member, and financial assistance arrangements for the Green Card Holder. In the civilian world, there are shelters to house the abused and the local police can aid in domestic violence disputes. You should speak with a local Immigration Attorney or to a priest, pastor, or other religious figure about local services.
Fickey Martinez Law Firm, P.L.L.C. happily serves Eastern North Carolina. Residents of the following cities and their surrounding areas: Beaufort, Beulaville, Burgaw, Chinquapin, Durham, Elizabethtown, Fayetteville, Goldsboro, Greenville, Havelock, Hubert, Jacksonville, Kenansville, Kinston, Lumberton, Magnolia, Maysville, Morehead City, Mount Olive, New Bern, Pink Hill, Raleigh, Richlands, Rose Hill, Seven Springs, Surf City, Swansboro, Trenton, Topsail Beach, Wallace, Warsaw, Whiteville, Wilmington, and the armed forces of: Camp Lejeune, MCAS Cherry Point, MCAS New River, and Fort Bragg should contact our Immigration Law Firm.
If you have any questions or concerns, please feel free to call Fickey Martinez Law Firm at (910) 526-0066 or email us at attorney@fickeymartinezlaw.com.
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