Arellano’s immigration attorney, Kathleen Martinez, says “the odds are high” Abdelhamed, 28, could be denied during his green card interview. “United States Citizenship and Immigration Services (U.S.C.I.S.) denies so many people that have so many bonafide claims,” she explains. “They will already know from my firm that he has attempted immigration fraud, so I don’t think he will have a chance.”
Arellano previously accused her estranged husband of “committing immigration fraud,” her rep, Dominique Enchinton, of Dominton Talent House, exclusively told In Touch on Tuesday, August 23. The New Mexico native hired “an all-woman dream team,” including lawyer Martinez, “to help her put a stop to these wild allegations and shine light on the truth.”
“It is up to the government if they want to pursue anything in court,” Martinez explains about what could happen to Abdelhamed’s immigration status if his green card is denied amid fraud claims. “But if they suspect him of fraud, they have every discretion to put him into removal proceedings and deport him.”
In Touch exclusively confirmed the season 9 couple’s split on Monday, August 22. According to a source, Abdelhamed moved out of Arellano’s home in Albuquerque and is “staying with two friends close by.”
“He has been living with them since August 14,” the insider continued, which is one day before the Egypt native pressed domestic violence charges against Arellano, 48.
On August 15, Arellano was charged with one count of battery against a household member and one count of assault against a household member in Albuquerque, according to court records exclusively obtained by In Touch. The reality star has a bond arraignment hearing scheduled on Tuesday, September 6.
“The domestic abuse allegations have been falsified by Mohamed. Mohamed and the woman he has been cheating on Yve with have discussed his options from the very beginning,” Enchinton exclusively told In Touch on August 22. “They specifically discussed a U visa and how Mohamed could qualify for this just in case Yve found out about his indiscretions.”
In Touch broke news of the arrest one day after Abdelhamed admitted to his text cheating scandal during a segment that aired on part 2 of the 90 Day Fiancé season 9 tell-all on August 21. He admitted to having inappropriate conversations with another woman, in which he made plans to leave Arellano shortly after he obtained his green card.
Abdelhamed moved from Egypt to the United States in late 2021 under a K-1 visa, which allows an engaged partner of a U.S. citizen to enter the United States as long as the couple gets married within 90 days. Abdelhamed and Arellano did wed within the time frame, as they tied the knot in January 2022, after which Arellano then filed for an adjustment of status. The adjustment of status is the process in which a foreigner can apply for a green card.
However, since Arellano and Abdelhamed split before the green card interview , the only other option for Abdelhamed to be eligible for a green card is if he is approved for a U visa. A U visa is set aside for victims of certain crimes who have suffered mental or physical abuse. Recipients of the visa are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. However, as Arellano is accusing Abdelhamed of marriage fraud, he may not be eligible for a green card either under the K-1 visa or the U visa.
“We believe this is a fraud case, one because he was cheating on her. Two, he has text messages where he was essentially trying to set her up,” Martinez explains. “When she backed out, he claimed she was abusive. I don’t believe she was abusive, the only evidence she has is a recording of her yelling, which is not abusive.” She adds, “He is going for a U visa but he would not qualify.”
After calling Abdelhamed “the Amber Heard of Immigrants,” Martinez explains her take on his fraud case. “The fraud Mohamed is committing is really against the government. This is very common with fiancée visas,” the attorney says. “Arellano believes that he married her for a green card. The green card interview is coming up in a few weeks and she will not be attending.”
“We will be contacting the U.S.C.I.S. It is personal for me and my firm because we have so many clients that do not get approved [for a U visa] because of other immigration fraud,” she says. “If he gets it over a client that deserves it, it is kind of like an Amber Heard situation, in which someone lying about abuse makes it more difficult for legitimate victims to come forward.”
Abdelhamed denied his estranged wife’s claims that he committed immigration fraud. “If I really care about the green card, I was closer than ever to the interview when I left, but my safety is more important,” he said in an exclusive statement to In Touch. “And I have no problem to go back to my home country, Egypt.