need advice for a friend ( removal proceedings)

[concerned88]

My friend overstayed her visitor's visa and is married to a green card holder. Her husband was denied US citizenship and is now placed in removable preoceeding due to some misrepresentation discrepancies about obtaining his green card. My friend is still out of status and would like to know what to do. She has two children with him (minors).
Should she divorce him?
If she remarries again to a US citizen would she be able to obtain a green card?
Is there any waivers that her husband may be eligible for to cancel the removal proceedings?

[concerned88]

My friend overstayed her visitor's visa and is married to a green card holder. Her husband was denied US citizenship and is now placed in removable preoceeding due to some misrepresentation discrepancies about obtaining his green card. My friend is still out of status and would like to know what to do. She has two children with him (minors).
Should she divorce him?
If she remarries again to a US citizen would she be able to obtain a green card?
Is there any waivers that her husband may be eligible for to cancel the removal proceedings?

[Mrs. Mani]

I hope he's seen a lawyer. Assuming the children are USCs and depending on their age and other circumstances, he may be able to get a waiver through them. However, if the removal has to do with fraud or misrepresentation in getting the green card, then he may not be eligible for any waiver. Fraud/misrepresentation is a BIG DEAL.

Your friend shouldn't marry someone just because he or she is a US citizen to get the green card. First, it's illegal and wrong. Second, a lot of suspicions would be raised because she's now married to someone and then divorces him just because he's in removal and then marries a USC.

[SonofMichael]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by concerned88:Should she divorce him? If she remarries again to a US citizen would she be able to obtain a green card? </div></BLOCKQUOTE>

TRUE LOVE !!!

[Tak]

Your friend should stand by her husband in his difficult time.

[Someone12]

Yet another trailer dweller who wants to help a visa cheat.....why????? Why do we need scam artists in our country? This enema bag cleaner scammed his way to the US....so who needs him? This is his fault, not the fault of our laws nor our immigration officials....just this douchebag who tried a scam and lost....good riddance....and if you are so concerned about this clown, join hands with him and go back to his country and enjoy life there.

[MakeItRight!]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SonofMichael:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by concerned88:Should she divorce him? If she remarries again to a US citizen would she be able to obtain a green card? </div></BLOCKQUOTE>

TRUE LOVE !!! </div></BLOCKQUOTE>

LOL!!!

When does the donnybrook End???

[federale86]

Marriage to a USC is the only option unless she claims irreperable harm to her children if she is deported.

[concerned88]

you don't understand the whole thing. He lied to her that he was a citizen and convince her to overstay her visa because he could file for her. She found out later after marriage and a child that he wasn't and could not file for her. He tries to get the citizenship before she found out but he was denied and now placed in removal proceeding. I know she loves him but she is thinking of the 2 small children and herself too. She doesn't want to be in removal too. thats why she wanted to get out of the marriage b4 they zero in on her. Also they are both from different countries ... so being both deported will not make them be together either

[Mrs. Mani]

I would still not tell your friend to get married to a USC just to get benefits b/c her case will get more scrutiny than others.

How long has she been here?

[concerned88]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Mrs. Mani:
I would still not tell your friend to get married to a USC just to get benefits b/c her case will get more scrutiny than others.

How long has she been here? </div></BLOCKQUOTE>

She has been here 2 years.

What if she just leave and not remarried til she find someone else in the future.
Becasue her husband did her bad.. he lied , he emotionally abuses her, cheats etc
Howevevr he has not been physical abusive. She love him and wanted it to work but she was thining of leaving him long b4 the removal proceedings. He is not the man he say he is when she marry him.

By the way would she quailfy to apply for VAWA? Bearing in mind that he did not physically abuse her, just the other things mentioned.

[concerned88]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by concerned88:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Mrs. Mani:
I would still not tell your friend to get married to a USC just to get benefits b/c her case will get more scrutiny than others.

How long has she been here? </div></BLOCKQUOTE>

She has been here 2 years.

What if she just leave and not remarried til she find someone else in the future.
Becasue her husband did her bad.. he lied , he emotionally abuses her, cheats etc
Howevevr he has not been physical abusive. She love him and wanted it to work but she was thining of leaving him long b4 the removal proceedings. He is not the man he say he is when she marry him.

By the way would she quailfy to apply for VAWA? Bearing in mind that he did not physically abuse her, just the other things mentioned. </div></BLOCKQUOTE>

[Mrs. Mani]

If she leaves, she's subject to a 10 year bar. She may be eligible for VAWA but because she does not have status, she should definitely not call USCIS to ask them about it or file any forms. She should see an immigration attorney familiar with VAWA or go to a community outreach program or shelter for abused women to see if she can get help.

The fact that her husband held out he was a citizen when he wasn't in order to string his wife along and the fact htat he emotionally abused her are grounds for a VAWA.

[Someone12]

more like "waaa waaa...gimme a visa....waaa waaa"....NO MORE VISA CHEATS IN AMERICA!

[concerned88]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Mrs. Mani:
If she leaves, she's subject to a 10 year bar. She may be eligible for VAWA but because she does not have status, she should definitely not call USCIS to ask them about it or file any forms. She should see an immigration attorney familiar with VAWA or go to a community outreach program or shelter for abused women to see if she can get help.

The fact that her husband held out he was a citizen when he wasn't in order to string his wife along and the fact htat he emotionally abused her are grounds for a VAWA. </div></BLOCKQUOTE>


thanks for info