I am a US citizen married to an undocumented immigrant we sought the advice from an attorney and I filed for my husband . We have an I130 interview soon and after reading some of these posts is going to the interview even worth it . Knowing that there is a 50 / 50 chance of your spouse getting deported ? Is it even wise because our President hasn't passed anything yet . Our attorney keeps reassuring us that he has rarely seen any one get detained after this interview . But when you have a family and so much to take a chance is it worth it to take a chance an go ? What do you think is the best advice , should we wait and apply when our President does pass something ? Should we just write a letter back saying that we can go to the appointment at this time ?
I cannot give you advice regarding your specific case, because I do not have all the relevant information to assess the matter. However, it is important to keep in mind that your spouse is undocumented. This means there is always a risk of him being detained and placed in removal proceedings. If your husband wants the opportunity to have permanent resident status he must take a risk, If you fail to show up at the interview, the petition will be denied due to abandonment even if you send a request to have the interview rescheduled. This denial could just as easily trigger removal proceedings.
As to whether you should wait for comprehensive immigration reform, this is another gamble. There is no guarantee immigration reform will be passed. They tried to pass such legislation during the Bush Administration and it went nowhere. It is also to soon to know if your husband would even be eligible for immigration reform, because Congress is not even debating a law. A framework has merely been proposed.
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I agree with my colleague.
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.
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