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Can I submit and I-130 for my husband if he was deported once, came back illegaly and recently he was detained by immigration?

Orange, CA |

My husband was deported in 2007 for a felony that he had. When he got deported he had his green card but he made the mistake of signing his deportation. In 2009 he came back illegally and we got a lawyer to try to reopen his case of when he got deported but it got denied. We are also working on his felony trying to lower it to a misteminer. And now he is detained by immigration. I was wondering if its possible for me that I am a US born citizen to file and I-130 for him?

Attorney Answers 3


  1. You have a BIG PROBLEM that CANNOT be solved with a quick response. I assume that your husband is subject to mandatory detention? Filing a Petition for Alien Relative ("I-130") will be easy in comparison to trying to get your husband to become legal at some point. Without knowing more, I sincerely doubt that he can stay here without being sent back since his removal order will probably be reinstated. If your husband is an aggravated felon, then you really have a problem. If I call help, I can be reached at either (770)955-1785 or via e-mail at bob@bobbeer.com. Hope this helps. Wishing you well. GET AN ATTORNEY NOW, THINK IMMIGRATION - THINK BOB BEER.

    This communication does not create an attorney client relationship. If I can be of further assistance, please feel free to contact me at any time at either (770)955-1785 or (678)576-9394 or via e-mail at bob@bobbeer.com. THINK IMMIGRATION - THINK BOB BEER


  2. I agree with Mr. Beer ... BIG PROBLEMS.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.


  3. Please meet with an immigration attorney.

    The information on this website is not intended to be legal advice.

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