Need Advice

[maiflower 0]

i am american female citizen, he has 2 yr conditional greencard. im divorcing my ex based on his past domestic violence with me and my child there is currently a restraining order for him to keep away from me and our 6 month old child. he went to court to get sole custody of our daughter and all he got was a restaining order to keep away from us, and temporary supervisedvisitations.The divorce will be based on cruel and unjust treatment. He isn’t allowed to be with our daughter unlessed its supervised because of his constants treats of female circumsition(practiced in his country). Would he still be able to file a waiver and get 10yr greencardif INS is notified of these issues. I do not want this monster to prosper off of my petition.

Edited August 6, 2008 by maiflower

[Mononoke28 135]

Yes, unfortunately he can still file to remove conditions on his conditional green card. However, it will only be approved if he can prove that he was in a good, legit marriage and that the divorce was just based on the fact that things didn't work out. You can try consulting with an immigration lawyer to see what he/she would recommend.

Diana

[maiflower 0]

he also lied to immigration during his interview and had lied to me about his status prior to us marrying.

[Chica Yeyé 41]

he also lied to immigration during his interview and had lied to me about his status prior to us marrying.

What do you mean previous status? Were you aware he lied back then? Please say no.

This is a tough case --- remain safe please

[Mononoke28 135]

Then in that case you have that as evidence that he lied not only to you but to them during the immigration process.

Diana

[maiflower 0]

i only found out after the beatings and did some research on him. i immediately told ins in person and by mail. they put"withdrawn" on his document in Red ink.

[maiflower 0]

at the interview and all our mariage, he told me he was a student and needed me to file for an affidavit of support for him,welll during my claim for child suppport, they asked him to bring his past 3 tax returns and he is able to provide that--showing he indeed was employed during the time of the interview

[yankee 0]

i am american female citizen, he has 2 yr conditional greencard. im divorcing my ex based on his past domestic violence with me and my child there is currently a restraining order for him to keep away from me and our 6 month old child. he went to court to get sole custody of our daughter and all he got was a restaining order to keep away from us, and temporary supervisedvisitations.The divorce will be based on cruel and unjust treatment. He isn’t allowed to be with our daughter unlessed its supervised because of his constants treats of female circumsition(practiced in his country). Would he still be able to file a waiver and get 10yr greencardif INS is notified of these issues. I do not want this monster to prosper off of my petition.

check this site: Right and Responsibilities of Permanent Resident.

http://www.uscis.gov/files/nativedocuments/M-618.pdf

Consequences of Criminal Behavior for Permanent Resident

http://www.uscis.gov/files/nativedocuments/M-618.pdf

You case is kinda sensitive and need to be cautious .

[maiflower 0]

thanks but im confident that i have nothing to worry about, the history of our relationship proves it.

[Rosie74 0]

I am very sorry to hear this maiflower.

I really hope USCIS will understand the gravity of the situation and will not grant permanent residency to a violent person.

My thoughts are with you.

[diadromous mermaid 36]

i am american female citizen, he has 2 yr conditional greencard. im divorcing my ex based on his past domestic violence with me and my child there is currently a restraining order for him to keep away from me and our 6 month old child. he went to court to get sole custody of our daughter and all he got was a restaining order to keep away from us, and temporary supervisedvisitations.The divorce will be based on cruel and unjust treatment. He isn’t allowed to be with our daughter unlessed its supervised because of his constants treats of female circumsition(practiced in his country). Would he still be able to file a waiver and get 10yr greencardif INS is notified of these issues. I do not want this monster to prosper off of my petition.

Divorce, in and of itself, doesn't prohibit an alien from successfully removing any conditions placed upon permanent residency. However, if he plans to naturalise, then he has to make sure he is not accused of any crime involving moral turpitude. Because not only could his failure to show good moral behaviour prevent his award of citizenship, but also some egregious crimes and instances can be considered deportable/removable offenses.