If my husband married me to get his resident card what are my rights?

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If my husband married me to get his resident card what are my rights?

My husband married me to get his resident card, now that he has a resident card he has been very abuse towards me. Can he lose his rights to become an American citizen? We have a son together.I have called the police on him several times. He has been arrested for possessions of cocaine and is currently going to a drug abuse program  by court order. I think I made a mistake on helping get his residence

Asked on April 25, 2011 under Family Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Well if your marriage was a scam, then both of you can be in trouble but if you work with authorities and since you have a son, you might be spared. The immigration laws are constantly changing so he may attempt to use your son as a method of staying in the country. He is not a U.S. citizen yet, so you can always divorce him. If he has his green card, then your divorce to him won't impact his obtaining a U.S. citizenship unless you report the marriage was fraudulent and cooperate with authorities and they agree to prosecute. You should consider talking to both a divorce attorney and an immigration lawyer about what occurred and see what would be good options for you to protect yourself, your child and ensure he gets treatment for his abusive ways and his drug habit.


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