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

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.

Austin, TX -

Attorney Answers (3)

Robert West

Robert West

Immigration Attorney - Las Vegas, NV
Answered

Did your husband get convicted?

Obadan Unuigbojie Iziokhai

Obadan Unuigbojie Iziokhai

Immigration Attorney - Worcester, MA
Answered

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.

Natalia Polukhtin

Natalia Polukhtin

Immigration Attorney - Phoenix, AZ
Answered

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,... more

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