Can permanent residency granted on marriage grounds be revoked?

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Can permanent residency granted on marriage grounds be revoked?

My friend married an American and settled with him here from Indonesia four years ago. They have a 3-ye. old baby. Some time ago, she became a permanent resident. However, the things are not going well for them, and she would like to divorce. It seems, her husband doesn’t mind to use scare tactics to keep his control over situation. For example, one of her fears is that he can make her lose her permanent status. Is this possible? I thought, after certain time, permanent residency received on marriage grounds can not be revoked.

Asked on January 24, 2012 under Immigration Law, New Jersey

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless he can somehow prove that the marriage was not bona fide, which is probably going to be difficult if they have been married for 4+ years and have a 3 year old child, she will get to keep her permanent residence even if they divorce.  However, if her permanent residence status is still conditional, she will either need his assistance in order to file a petition to remove the conditional residence or try to file on her own, proving that the marriage was bona fide.  If, however, her residence status is no longer conditional, then she is free and clear.


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