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?
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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 email@example.com Enjoy our Blog at http://immigrate2usa.blogspot.com/
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 INS trial attorney and United Nations HCR resettlement officer, with over 15 years experience in immigration law. His statements above are general in nature and should not be deemed legal counsel, as not all factual issues are known. Participants should retain an immigration lawyer to review their own legal matter. The information provided does not create an attorney/client relationship.