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I130 petition pending

Lawrenceville, GA |

hello i have a pending petition by my us citizen sister my priority date is 1997 im mexican...i know that my husband can benefit from this petition as well but he was sent back to mex 2 times at an immigration check point and came back to the us hes been here since..that happened 10 yrs ago will he be able to benefit from my petition?? will he have any problems??? he has no other criminal record thanx in advance :)

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Attorney answers 3


Much depends on the specifics of how he was "sent back." Consult with an attorney as your husband may be subject to a permanent bar.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


An approved I-130 does not allow a beneficiary to remain in the United States while the petition is pending. If your husband was deported or subject to an expedited removal, then he might not be eligible to adjust status in the USA, even with the petition dating back to 1997. Everything depends on all of the specific details of your husband's history of immigration and crimes (if any). You need to consult in person with an experienced immigration attorney and go over all details in order to determine what, if anything, is possible.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


I agree with my colleagues.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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