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Asker

Posted about 14 years ago.

could she be deported

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Asker

Posted about 14 years ago.

could she be deported

Brian Lee Michael Balaguera

Brian Lee Michael Balaguera West Palm Beach Immigration Attorney

Posted about 14 years ago.

Yes, people who are illegally present can be deported. It is important to see when the priority date becomes current and apply for her ASAP. Depending where you're from, the wait could be really long. Good luck!

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Asker

Posted about 14 years ago.

what exactly do you mean when you say wait until the priority date becomes current??

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Asker

Posted about 14 years ago.

do you mean that when the USCIS receive my I130 they gonna deport my wife. Like send her a letter to go court then deport her????

Brian Lee Michael Balaguera

Brian Lee Michael Balaguera West Palm Beach Immigration Attorney

Posted about 14 years ago.

If you are an LPR (aka Resident or "green card" holder) then your spouse's "green card" is not immediately available. There is a waiting period that you will have to wait for the application to become current so she can apply to adjust status using the i485. The visa bulletin for may is located here: http://travel.state.gov/visa/bulletin/bulletin_5692.html

Brian Lee Michael Balaguera

Brian Lee Michael Balaguera West Palm Beach Immigration Attorney

Posted about 14 years ago.

If you were a U.S. Citizen, and did the petition, your spouse's "green card" would be available immediately. Therefore, you would not have to wait before applying.

Brian Lee Michael Balaguera

Brian Lee Michael Balaguera West Palm Beach Immigration Attorney

Posted about 14 years ago.

It would be best if you consulted with an attorney before filing the application to discuss you options and what might happen if you submitted the application now. Since she is out of status, deportation is a possibility. Again, I believe you should meet with an attorney to discuss your options.