Can my husband still be deported while we wait for word from the Visa Center? His i-130 has been approved.

Asked about 2 years ago - Los Angeles, CA

My husband came to the US illegally 9 years ago but we married and have filed a i-130 which has been approved. In the approval letter it stated that we would be hearing from the National Visa Center within 30 days. Can he still be deported even if he's in the process of legalization?

Attorney answers (4)

  1. Deborah Lynne Karapetian

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Your husband could be deported at any time. A petition will not stop it.

  2. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes, he can be deported. Anyone who is not in status can be deported. Please note that there is a difference between "can" and "will"

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Neil Ian Fleischer

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes
    www.immigrate2usa.com

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  4. Daniel Shanfield

    Pro

    Contributor Level 10

    Answered . A pending petition will not stop deportation. However an immigration judge may be more likely to grant voluntary departure or keep the case alive in court before entering any orders.

    I think it would be best to have a lawyer helping you with this case in any event, as it seems your husband might need to file an I-601 unlawful waiver.

    (888) 275-0047 Legal disclaimer: Daniel Shanfield, Esq., with offices in San Francisco and San Jose, is a former... more

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