If someone has been married for more than a year to a USA girl, but separated, can he apply for residency?

If she didn't petition for him before, he is not even a conditional resident. If he isn't a conditional resident now, he won't be able to become a permanent resident, based on the marriage.

At this moment, he does not appear to have a "viable marriage."

Their marriage is not "alive." To confer and enjoy immigration benefits, two parties of a valid marriage shall keep the marriage in existence. In some states where a legal separation automatically results in a divorce, it is likely that the marriage no longer exists.

If he does not have a conditional green card right now, and the girl refuses to help him, his chances for residency have faded away.

Your friend has a problem. First of all, he is not able to file the petition for himself---even with the help of an immigration lawyer. They will tell him that they can help him and take his money, but they cannot help him. The only person who can file that application is the woman he's married to. Other than that he's going to have to get a relative (parent or sibling) to file the petition for him. If the wife had already filed the petition and they separated before the case came up, he might have a chance if he could claim domestic abuse or something like that. But otherwise, no. His only other option at this point is to divorce that girl and marry someone else who is willing to help him, and he would need to do this fairly quickly. Not that I'm encouraging anyone to commit visa fraud, but I am assuming that he is currently in the US on some type temporary visa. If he allows himself to go out of status with that visa, he will ruin any chance of being able to stay here while his residency application is being processed.

He can talk to a layer at Catholic Social Services for a lot less than $200.

He will have to show he entered the marriage in good faith but he may have a problem as they should have applied for his green card as soon as they married. If she refused to file after the marriage then in some circumstances this can be taken as evidence of spousal abuse. The lawyers at Catholic Social Services can tell him if he can file alone under VAWA or not. You don't have to be Catholic to get help there.

Anyone can apply for residency but if you do not meet the conditions you WILL be denied. Your friend has no basis for applying and will be DENIED because he is not living with his wife in a bonafide marriage, they are separated. Only people married and living with a USC in a bonafide marriage that is not for evading immigration rules can apply. It seems the girl can refuse because she does not want to be part of a marriage that not bonafide anymore!

Hi, I am thinking about becoming an inmigration lawyer, and I am so interested in any inmigration case that I do know the right answer sometimes. Well, going back to your case, if your friend has been married for more than two years the answer is yes. Of course, I believe they have already done the inmigrations process and filled out all the papers right?.If they have done that since the time they got married and it is close to be two year then he should be able to get his residence. Now, if they have not divorced yet and he is close to complete the two years of marriage, I would recomend him to wait until he completes that two years of marriage that way he would be all set; otherwise he would not be able to get anything.

Anyone has the right to apply for a green card. He may not get it though. There's no telling which way the courts will go.

What you're asking somebody to do is perpetrate fraud on the government and persons of the US. given which you're doing this for personnal earnings and not love absolutely everyone taking you up on the furnish could be deported on your united states of america. pronounced

Are they divorced if so he can not apply 4 his residency only if they have been married for 3 years good luck

His wife has to sponsor him for the green card. Doesn't sound like she would be interested in doing that.

NO he has NO right.

she must petition for him and since there is no marriage then she has no reason to petition for him.

so he is SOL and may now have illegal status and MUST go home.