Despite permanent GC and baby, GC being revoked

[tds 1]

This is happening to someone i know.

The couple divorced about 3 years after the permanent GC had been issued and all in all, had been married for about 5 years. They have a 10 year old mutual kid.
However, after the divorce, the usc wife reported him. a few weeks ago, the guy received a notice revoking his GC and and a court date.

The notice states that the usc claims that he manipulated and used her. that he pretended all through and that he divorced with no good reason at his convinience among othe things.

this just shows how uscis can be aggresive and how an vindictive ex can cause serious damage.

also, this shatters the myth that people are safe when they get the 10 yr card.

[Dave&Roza 748]

This is happening to someone i know.

The couple divorced about 3 years after the permanent GC had been issued and all in all, had been married for about 5 years. They have a 10 year old mutual kid.

However, after the divorce, the usc wife reported him. a few weeks ago, the guy received a notice revoking his GC and and a court date.

The notice states that the usc claims that he manipulated and used her. that he pretended all through and that he divorced with no good reason at his convinience among othe things.

this just shows how uscis can be aggresive and how an vindictive ex can cause serious damage.

also, this shatters the myth that people are safe when they get the 10 yr card.

I hate to burst your bubble but there is no myth about being safe after getting the GC. The only time you are safe is after naturalization and even then, if the USCIS EVER thinks the immigrant received their GC based on fraud or mis-representation it can be revoked, but only by an immigration judge (IJ). Your friend has the opportunity to plead his case in front of the IJ. My question and one thing that actually might work in his favor is why did he not file for Naturalization as he was a LPR for 5 years and he was married to a USC for 3 years. If he had filed for naturalization then his ex-wife could not do anything. Most scammers get USC as fast as they can to avoid this situation.

He needs to get a very good immigration lawyer and show that he in fact entered the US and married his wife in good faith and tried to have a family. His ex-wife must have had some pretty damning evidence as USCIS usually does not go after an immigrant based on the complaint of an ex-spouse.

I wish him well during this situation,

Dave

[Boiler 45,447]

Happens, but it is extremely unusual and where there is evidence.

Here you see mainly he said she said situations.

[Hypnos 6,576]

USCIS and ICE do not bring cases based on letters, suppositions, hunches, or guesses, but with solid, verifiable proof that will stand up in court. If they are going after his green card then they have obtained, either from his former spouse or from their own investigation, some solid proof that they believe enables them to revoke his green card.

The final decision will be down to an immigration judge, and he will have the opportunity to put his side of the story then. He should retain a competent immigration attorney before that point, if he hasn't already.

Edited August 3, 2014 by Hypnos

[verysadguy 170]

USCIS and ICE do not bring cases based on letters, suppositions, hunches, or guesses, but with solid, verifiable proof that will stand up in court.

Letters are evidence. Been there done that. Turned in to ICE and FDNS. Photos are evodence too. Been there done that.

"I love you."

"I'll never leave you"

"I don't talk to my ex anymore"

These last 3 statements sound nice but.....

[SingleDad2usc 71]

^^^^

Evidence of what?

[Dave&Roza 748]

^^^^

Evidence of what?

Evidence that the immigrant entered the marriage for the PESON and not the immigration benefits and ultimately the GC and USC. He has cleared on hurdle in that the ROC was approved, so the USCIS person must have thought the relationship was legit. Somehow there is some very damning evidence to the contrary. He will need to examine his behavior and deeds since getting married and find has much documentation to show that he married the ex for all the "right" reasons and not to get a GC.

One thing he MAY have in his favor is his ability or lack there of to visit the child after the divorce. If he is deported, he will be denied the ability to be in the child's life. The IJ MAY take that into consideration or may not.

Good luck,

Dave

[SingleDad2usc 71]

Implied just above was evidence of fraud, not supportive evidence - hence my question

[Caryh 5,206]

I'm curious if you've actually read this letter? The way you've written about it sounds like this is third hand information filtered through the view point of your friend. One thing is for certain, USCIS would not take this action without strong evidence, and certainly not with just his wife's opinion of what happened. And it doesn't matter how long he's been here, how many children he's had, or how long he was married, heck he could still be married, if he committed fraud or lied they can take it all away, even after citizenship. This is why we say never ever lie to immigration officials. He's going to need to get a good lawyer. And I the only one that thinks it sounds as if he's already missed a hearing where the green card was revoked and is now in deportation proceedings?

[Boiler 45,447]

OP's first and only post, which is odd?

[Caryh 5,206]

OP's first and only post, which is odd?

Well it was a friend of the OPs and we know how those often work out.

[onye uwaoma 131]

Letters are evidence. Been there done that. Turned in to ICE and FDNS. Photos are evodence too. Been there done that.

"I love you."

"I'll never leave you"

"I don't talk to my ex anymore"

These last 3 statements sound nice but.....

Your comment is ambiguous... You did not make sense at least

Edited August 4, 2014 by onye uwaoma

[onye uwaoma 131]

OP's first and only post, which is odd?

Seems like some people will just create an imaginary scene and present it as real to get VJ talking...

Edited August 4, 2014 by onye uwaoma

[onye uwaoma 131]

I hate to burst your bubble but there is no myth about being safe after getting the GC. The only time you are safe is after naturalization and even then, if the USCIS EVER thinks the immigrant received their GC based on fraud or mis-representation it can be revoked, but only by an immigration judge (IJ). Your friend has the opportunity to plead his case in front of the IJ. My question and one thing that actually might work in his favor is why did he not file for Naturalization as he was a LPR for 5 years and he was married to a USC for 3 years. If he had filed for naturalization then his ex-wife could not do anything. Most scammers get USC as fast as they can to avoid this situation.

He needs to get a very good immigration lawyer and show that he in fact entered the US and married his wife in good faith and tried to have a family. His ex-wife must have had some pretty damning evidence as USCIS usually does not go after an immigrant based on the complaint of an ex-spouse.

I wish him well during this situation,

Dave

Most scammers hardly stay with their USC spouse for all 2yrs duration requirement, let alone pursuing citizenship in the earliest possible time of 3yrs at least. How could you make claims you are most ignorant about?

[belinda63 3,038]

There could have been other issues such as the immigrant lying about a marriage in another country, criminal history which was not located, a lot of issues. I doubt this was the result of just one letter from an individual unless they provided proof of fraud.