Can a US Citizen revoke his wife's conditional greencard? - Immigration Law Questions and Answers- LawQA.com

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Can a US Citizen revoke his wife's conditional greencard?

How can a US Citizen revoke his wife's conditional/green card (for 2 years) and stop her entering US? This is after knowing her intentions to marry was to get green-card and entry into USA.

Law Offices of Svetlana Boukhny
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You cannot revoke her green card but if you have documentation about the fraud committed on her part, you can report to USCIS and see if they will take any action.

Answer Applies to: California
Replied: 3/8/2012

Answer By Aime Katambwe
World Esquire Law Firm
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You cannot revoke what was never yours to issue in the first place. The government is the only entity that can revoke a Green Card. It is illegal to use immigration laws to gain an unfair advantage in civil matters. If she has a green card, it is because you sponsored her into the US, but the law makes her wait 2 years in order for the marriage to be considered a good faith marriage. The only thing you can do is to not co-sign the I-751 application to remove the condition on LPR. Your spouse will have to explain your absence at the interview and your unwillingness to co-sign the I-751.

Answer Applies to: California
Replied: 3/7/2012

Answer By William D. Fong
Fong & Associates
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No, but the US citizen can submit a detailed statement attesting to the marriage fraud. The spouse will need to respond to the officers questions at the I-751 interview.

Answer Applies to: Texas
Replied: 3/7/2012

Answer By Alexander Segal
Law Offices of Grinberg and Segal
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You can notify the Service Center where your case was filed as well as the office where either her immigrant visa was issued or she received adjustment of status. Depending upon what stage of processing, your wife may still be able to enter the U.S., but would likely receive a notice of intent to revoke the approved case. This is the first step in a process that can result in revocation of her status.

Answer Applies to: New York
Replied: 3/7/2012


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The US citizen has no authority to revoke anything. If there is a concern regarding fraud in the marital relationship, contact Citizenship and Immigration Services and/or Immigration and Customs Enforcement and provide a "tip" as to the alleged fraud. Unfortunately, the system which is set up to target fraud is not all that useful when the case involves individual cases. Instead, the federal government spends far too little time trying to root out fraud on a case by cases basis. Instead, the government is more interested in large scale rings of fraudulent activity rather than the cases of one on one sham relationships. Nonetheless, there are resources out there. CIS operates a unit called the Fraud Detection National Security office and it is supposedly involved in investigating cases such as these, supposedly there are officers assigned to each USCIS Field Office whose responsibility it is to listen to complaints and to investigate the same. As a practitioner, I believe that far too little is done to go after individual case fraud and unfortunately, many sham marriages go undiscovered and individuals obtain immigration benefits which should have never been provided. Take some time, do what you can to report bona fide cases of fraud and hope for the best.

Answer Applies to: Florida
Replied: 3/6/2012

Answer By Rebecca White
Law Office of Rebecca White
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This is going to be a very fact specific situation, but generally speaking it is up to the USCIS to make a determination as to whether there has been marriage fraud. A US citizen spouse can alert the USCIS to his or her concerns, but from there it is up to the USCIS to determine what should happen next.

Answer Applies to: Washington
Replied: 3/6/2012

Answer By Justin X. Wang
Baughman & Wang
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If she has not received immigrant visa, you can withdraw your application for her. If she has received the visa, you can contact the CIS regarding your claim and let the CIS to investigate.

Answer Applies to: California
Replied: 3/6/2012

Answer By Christine Troy
Law Office of Christine Troy
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You cannot revoke anyone's status. If you feel that your wife married you only for your green card, you can report this to DHS. DHS can then make a determination of her intent.

Answer Applies to: California
Replied: 3/6/2012

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