Help with husbands order of removal . Trying to see how to prove 1st marriage was legitimate & work on our current I130 .

Asked over 1 year ago - Detroit, MI

Husband has been here since June of 1996 . He has a prior marriage that is affecting his chances of becoming legal . They speculate fraud but have yet to show proof . His marriage was legit but on the last apt date his wife was a no show & has not been heard from since that apt in summer of 2002 . We've been married since June of 2007 & have 3 children . He is on an order of supervision because of order to deport . I have filed 2 I 130s 1st with no response , 2nd in process of intent to deny . We need to figure out how to prove 1st current attorney is of no help just keeps asking for large retainers without any updates or news on this case . My husband is the sole provider for our family & it would tear this family to pieces if he were deported . Any advice would greatly appreciated . I thank you

Attorney answers (5)

  1. K Alexandra Monaco

    Contributor Level 9

    5

    Lawyers agree

    Answered . If he is under and Order of Supervision because of an existing removal order, he will not be able to adjust his status based on his marriage to you state side. He will need waivers or to have the previous case reopened. You ABSOLUTELY need an attorney!

  2. Samuel Patrick Ouya Maina

    Contributor Level 19

    5

    Lawyers agree

    Answered . If your current attorney is "of no help" you should meet with other attorneys for second and third opinions and advice on how best to proceed. It will be a difficult road, as I am sure you are finding out, but at least you may get concrete answers

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  3. Justin Eric Elder

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . Your situation sounds very difficult. If your attorney is not meeting your needs, you may want to get a new one.

    This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client... more
  4. Russell Reid Abrutyn

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Your situation is extremely complicated. If your husband cannot prove that his first marriage was not a sham, then he cannot be the beneficiary of a new I-130 petition. Subject to certain exceptions, having a final order of removal will prevent him from adjusting his status. You need an attorney who is experience with these types of situations and you need one fast.

    The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If your attorney can't handle it, get a new one.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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