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My husband is currently going through immigration court and the I-130 has already been submitted, what is next?

Los Angeles, CA |

My husband entered the country when he was under 16 with a valid passport and permit. His visa expired while inside the U.S. He was detained while driving without a valid license last year and was detained and put under ICE hold and a lawyer managed to help us drop charges. We had been engaged and planning our wedding for over a year, i even have engagement ring receipt, and pictures of engagement day. When I bailed him out we got married the next day, i couldn't wait to be his wife, i didn't know if he was getting deported. He has a court date set up for December and the I-130 was already submitted. The problem is that i dont have a job right now and he cant work. will that be a problem? what can i do?

Attorney Answers 2


I hope you'll have an attorney soon. Only an attorney can stipulate with the lawyers representing ICE to agree to have the immigration judge to terminate the removal proceedings In immigration court so that your husband can proceed to adjust his status to lawful permanent resident.

There is absolutely nothing either the court or ICE can do to him if he accepts any kind of employment now.

The proper way of proceeding with all this is to have a lawyer terminate the proceeding and help husband file Form I-485, as well as Form I-765 for employment authorization.

You will need to find a co-sponsor for the Affidavit of Support that needs to accompany every I-485 green card application.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Thank you so much for your answer! Sorry it has taken me so long to reply, we've been so stressed. Your answer has helped us feel so much better! We will be getting a lawyer. Is it ok if by our court date we dont have an answer from the I-130? Also, we had been told we can already send the I-485 een if we dont have an answer from the I-130, is that true? Thank you so much for taking time to help us, you have no idea how much we appreciate it.

Giacomo Jacques Behar

Giacomo Jacques Behar


You're very welcome. These case specific questions have to be answered by your lawyer.


If you don't have an attorney yet, and it looks that you are very tight with money at this moment, you can do several things: first, when you go to immigration court next month, show them the I-130, with proof that you are a US citizen, his lawful entry, and of bona fide marriage, and ask for time to find an attorney, or, in the alternative, continue the case until your I-130 is adjudicated. Second, make an Infopass appointment with your local USCIS office, bring your I-130 receipt and the court hearing notice. Ask the supervisor to expedite your I-130 because you are in court proceedings. Approval of your I-130 will open a way out of deportation for your husband. Eventually, as other attorneys advised, you will need a joint sponsor, but it is way down the road. Good luck!

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