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Can a person ask USCIS to cancel their cheating partner’s ‘green card’ petition? | The race

USCIS has paid more attention to marriages to obtain the ‘green card’.

Photo: John Moore / Getty Images

There are several elements that play when evaluating the withdrawal of the Permanent residence to an immigrant who obtained it by marriage and committed an infidelity.

For example, if that person has a provisional two-year green card, their partner may be able to withdraw the sponsorship more easily, unlike the foreigner having a permanent “green card”.

It is also different if the couple just applied to the Citizenship and Immigration Services office (USCIS).

Either way, each case is unique and immigration officials will review the context and the evidence submitted, but it is a given that a person can initiate the process at USCIS.

Lawyer Allan Wernick, Director of the Citizenship Now project at the City University of New York, exposed the case of a man who was cheated on by his wife and became pregnant with another man. He is a US citizen and sponsored his partner to obtain Permanent Residence.

The woman said that she had fallen in love with someone else and wanted a divorce. The American accepted, but seeks to withdraw his sponsorship to the “gren card”.

Attorney Wernick recommended that you present your case with USCIS.

“You can write to (USCIS) to ask that your petition be vacated. Write to the address that appears on your request receipt, and include any receipt for processing ”, suggests the expert in an article in the Dallas news.

It adds, however, that since the wife is in the United States, if the husband refuses to attend the appointment to continue processing the immigration benefit, it is possible that the officials will reject the application.

There are other elements to consider, since the couple could claim abuses that “pushed” them into infidelity.

“You should know that if your wife can prove that she is a victim of spousal abuse, or abuse of her children, she can ask for permanent residence herself even if you do not support her request,” the expert specifies.

Notably, USCIS has stepped up its policies to detect marriage fraud.