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I need a little more knowledge regarding the I-130 Petition.

Austin, TX |

I visit a couple of lawyers and of course I got different answers.

My husband got deportation this yr Section 1325(a)(1).( He is currently in Mexico).
The first lawyer said that I can still file for the petition and he will get the appointment but most likely he will be denied for the waiver. Since it is very hard for him since he was file under the Section 1325(a)(1), she recommend me that it will be better off to wait at this time. Wait the five years or at least until elections.

The second lawyer he said the opposite that it was very important to submit the Petition ASAP.

My question would be should I wait or should I go ahead and try. Going into all this immigration process is kinda pricey.

I understand that being deported it leaves it on his criminal record. (this was his first time ever he has never had a criminal record other then this) With having this what are the chances of me trying to help. I know its a risk im taking even if i file the I-130.

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Attorney answers 3


Did your husband get convicted?



He did not see a immigration judge. He saw the county and was deported for five years


I would agree with the first lawyer except that I would not wait for 5 years. You can file your I-130 petition at any time but the recency of your husband's removal will likely count as a negative factor against granting his request for permission to be re-admitted after removal. I would wait a few years while preparing for a strong waiver.


Unless you have a strong waiver application, I would wait until more time passes before you file your petition. The recency of the deportation reflects negatively on your husband's record and I am afraid you did not have sufficient time to develop requisite degree of hardship to prove your case.

Nothing in this post shall be construed as a legal advice. If you need advice regarding your particular situation, please contact my office directly. This information is transferred without an intent to creat an attorney-client relationship.



Im sorry what do you mean " did not have sufficient time to develop requisite degree of hardship to prove your case ? "

Natalia Polukhtin

Natalia Polukhtin


Normally, the adjudicating officer wants to see your entire "story": how your life was before your husband departed and how it changed for worse after he left. If you wait for several months, you will be able to present more evidence of financial and emotional hardship.

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