My friends husband wanna take the Green card away from her-Can he do this?

if she has proof of the abuse, NO, when it is time to file to remove conditions from her green card, and he is not there with her, she just needs to file to have him absent on the basis of abuse....

"If you or your child were battered or subjected to extreme mental cruelty by your spouse, you must submit the following:

* USCIS Form I-751 (Petition to Remove the Conditions on Residence)

* Copy of USCIS Form I-551 (Permanent Resident Card)

* Evidence that you entered the marriage in good faith and not to evade the immigration laws of the United States. Examples of such evidence includes, but is not limited to:

o Leases showing that you and your spouse lived in the same place

o Documents that prove that you and your spouse owned property together

o Birth certificates of your children; or

o Expert testimony proving that you or your child were battered or subjected to extreme mental cruelty. Examples of such testimony includes, but is not limited to:

+ Copies of police and medical records detailing evidence of physical abuse

+ Evaluations by clinical social workers and psychologists showing evidence of mental cruelty

+ Copy of your divorce decree if your marriage was terminated because of physical abuse or mental cruelty.

o Evidence that you were not at fault in failing to file the petition on time, if applicable.

o Evidence that the termination of your conditional resident status and your removal from the country will cause you extreme hardship, includes but is not limited to the following:

+ USCIS Form I-751 (Petition to Remove the Conditions on Residence)

+ Copy of USCIS Form I-551 (Permanent Resident Card)

+ Evidence that your deportation would cause greater hardship than the hardships created when other aliens are removed from the United States.

However you should note that in evaluating the claim that your removal from the United States will cause you extreme hardship, the Service will only consider factors which arose after the date you obtained your conditional permanent residence."

if she has a permanent card already.... she just needs to leave him and go somewhere safe.... he can't take her green card away from her

If she has her Resident Alien Card I do not see any way it can be removed.

Unless there are stipulations against it . If she aquired it because of marriage. Maybe she has to stay married for a certain length of time.

If that is the case? Do not give him a divorce .Just get the hell away from him.

Once you have a Card that is a Resident Alien with permanent Residency.The American Government are the only ones that can remove the Status. Not the German Consulate ! It has nothing to do with them.

If someone physically steals the card or she loses it . She is still on record and can apply for a new one . Which is also expensive and a pain in the butt.

She needs to file a police report and if she has prove (x-rays) of her abuse, she really has a chance. They are places that help people in situations like her. As for the green card, he CANNOT take it away from her. They are people that get married JUST to get a green card and they divorce right away to have their own lives. he does not have the right to do that. She needs to talk to a good attorney and look at her options, she is a US resident, she HAS the right to live a wonderful life and her child does too.

She should go to base legal to discuss the matter with them. Also she should go to the police in her town since it seems the MP's are unwilling to do anything about it. Also she might want to consider talking to INS about becoming a US Citizen. Tell her to call her husband's unit's pastor, I'm sure there are programs out there that he can put her in touch with that will help her get out of her abusive relationship and on the road to becoming a U.S. citizen. Tell her to get a job (if she doesn't have one already) open a savings account in her name only and start saving money for herself and her child so that when the time comes to leave her shitty husband she has money to do it with. Just because her husband is a good soldier doesn't mean that the Army can ignore his abuse of her. She shouldn't let her husband try to intimidate her, which is exactly what he has been doing.

This article has a lot of great immigration/relationship information in it. Good luck.

"It is not unknown that a US citizen spouse may try to use the foreign spouse’s precarious situation to his/her advantage in divorce negotiation or threaten that he or she will take away the green card from the conditional permanent resident spouse. As long as there was no fraud involved, the US citizen may not take away the foreign spouse’s immigrant status. If such a threat or abuse occurs, that provides a ground for a waiver from the I-751 joint filing.

Thus, if one’s relationship is in trouble before receiving one’s lawful permanent status without a condition, one should immediately seek out competent legal advice from an immigration attorney or a family law counsel who is well trained to deal with immigration matters. Nobody should suffer from threats and abuse simply out of the fear for one’s status.

In some unfortunate situations, domestic violence may occur before the victim has obtained even conditional permanent residency, let alone permanent residency. Some US citizen or permanent resident spouses intentionally do not file a petition for their spouse to keep him/her under control.

Some Phone Numbers to Keep Close at Hand

Social services; local safe house or shelter; one’s ethnic group’s community centers; National Organization for Victim Assistance (NOVA): 1 (800) TRY-NOVA (1-800-879-6682); National Coalition Against Domestic Violence: 1 (303) 839-1852.

The information contained in article is provided for general information only and should not serve as a substitute for legal advice."

First of all tell her to BYPASS the MP's they are military cops therefore they will look out for the military member. Tell her next time to call the civilian police....or to file a report with the civilian police.

Tell her to contact a lawyer ASAP, the military member can be made to pay alimony and child support. And she is his wife right now, technically she is entitle to whatever money is in their bank account, just as much as the husband !! Also if her husbands First Shirt doesn't want to do anything about his abusive behavior tell her to go to the IG, NO better yet tell her to go to FAMILY SUPPORT CENTER on their base. Tell her to go in there and let them know EVERYTHING. If they are doing their jobs they will help her out. Spousal abuse is frowned on in the military community, why this man is getting away with it is beyond me. Tell her to go to the FSC on base. (ASAP)

Be sure to tell her that next time her husband hits her or pushes her to call the CIVILIAN police not the MP's or 911...has to be the civilian cops !!

And no he can't take her green card, but she needs to talk to a lawyer, asap.

Contact the Judge Advocate General ,you can get the address from the consulates office. If she wants to stay in PA she needs to file for citizenship. Yeah the military never wants to hear about abuse. Did she contact his commanding officer? If not then she needs to talk to him or her and show reports of abuse. If they still will not listen then contact talk show medias ,i bet something will be done then. Contact Oprah, Montel Williams,Dr. Phil whoever will listen this is important . Do so Asap . Good Luck Hope this helps.

Read what the notice says. If it's I-797, it can be two things: either they got your package and are saying "we got your package, and we will begin processing it now", or it can be that your husband was approved for the Green Card, in which case it will say "you case was approved on such-and-such date, expect your Green Card in the mail in two weeks". Read it and then add more details if you are still unsure.

member8989 got it right. There are laws in this country that protect battered women. If she's got documented evidence, police reports, etc., she still has the opportunity to obtain a green card even if she were to divorce her American husband.

live in total tranquility you will not lose you right to stay in America and even if a divorce occur you will keep your green card remember the US government issued that to you and only they can take it but not for domestic relation matter the German consulate is wrong