Can I Get My Husband Or Wife Deported?

As a Chicago divorce attorney who speaks three languages, the issues of immigration and divorce intersect constantly. Understandably upset, clients believe they can solve all of their problems by having their immigrant spouse deported as well as divorced. The reality is that it is extremely difficult to get the Department of Homeland Security to act on their limited authority to deport an immigrant spouse without extreme circumstances.  The possibility of deportation depends on the spouse’s status. If the spouse has no status (they’re undocumented) or the immigration status they once had has expired, then there is no deportation trigger. You could call the Department of Homeland Security’s tip line at 866-DHS-2-ICE and report the person. But DHS is looking for information relating to crimes like fraud, human trafficking, and gang-related crimes. Simply being undocumented is not something their tip line is looking for. I have never heard them acting on a tip of a merely undocumented person. Scheduling an appointment with a USCIS field office to meet in person would probably be more productive. My advice to anyone in this situation is to let bygones be bygones. If the spouse has a conditional status – that is, the 2-year conditional status granted before the marriage will be reviewed for validity – this involves providing DHS with evidence of shared expenses, cohabitation, and, in this day and age, lots and lots of Facebook photos. If, during this 2-year period you believe that your marriage was a fraud, you can bring this to the attention of DHS. Immigration law INA 237(a)(1)(G) specifically provides that: “An alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of section 212(a)(6)(C)(i)) and to be in the United States in violation of this Act (within the meaning of subparagraph (B)) if – (i) the alien obtains any admission into the United States with an immigrant visa or other documentation procured on the basis of a marriage entered into less than 2 years prior to such entry… unless the alien establishes… that such marriage was not contracted for the purpose of evading any provisions of the immigration laws, or (ii) it appears… that the alien has failed or refused to fulfill the alien’s marital agreement which… was made for the purpose of procuring the alien’s admission as an immigrant.” The definition of “fraud” for these purposes […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/can-i-get-my-husband-or-wife-deported/