Criminal Law nned some input on something...

[vchmie]

my sister recently had a major problem with someone who is on a VISA from Germany. We also found out that being on a VISA she is on probabtion for 2 years and she has only been here for 10 months.

The issue with my sister if that this other woman and my sisters husband had an affair. Proof can be provided if needed, witnesses too. Is this a ground for her to go back to Germany?

 

[NYClex]

Not on a prima facie case. An alien can be removed for some reasons, mostly criminal convictions, but not just for having an affair with a married man.

On the other hand, what I assume you want to say is, that she is here on an immigration visa based on marriage to an American citizen (those are the only ones with a 2 year conditional period, the term "probabtion" is wrong). This provision means that she and her husband have to show after two years that the marriage is valid and real. If she cannot show this, the "green card" will not be renewed.

So if her own marriage will not last that long, this might be a reason she might have to leave the country. But the government will not interfere in some extramarital affairs problem.