Hi, I am a US citizen, and my wife came to US with a visitor visa in 2001, and she had a deportation order in 2006 but she didn't know that, I filed 2 application forms for her: I-130 and I-485, she qualify for the I-130 and denied for the I-485 and she's under the TPS status. I went to the interview with her, the USCIS officer said she needs a lawyer to go to the immigration judge in Miami just to dismiss the order and we have a 16 Months Daughter born here, I check a lawyer he told me 70% lose and 30% win and he required a big amount for that. What do you Guys think if I send her back to her country with the qualify form I-130, is it gonna work please? And how long it's gonna be? Thank you so much in advance for your advice.
I think you have a pretty good case for a Motion to Reopen (Joint). Your wife can be approved for the I-130 but she has to do the motion. These motions are complicated as they have significant requirements and are processed in a special way. Remember at this time you need to take the deportation order away and your wife may only become a resident before the Immigration Judge. If you send her back its going to be years to get her back. Make sure that you hire someone who has done these type of cases before. Good luck.
This is not legal advice and a client attorney relationship is not created.
If you send her back, then she has self-deported and will be subject to a bar to reentry. You need to find a local lawyer that you can afford to pay and get the case reopened in immigration court. If you lose, then you can ask for voluntary departure to avoid a deportation/removal. If you win, then you can adjust her status in court before the immigration judge.
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If you send your wife out of the country, she will likely be subject to a 10 year bar from re-entry. I would normally not recommend that! I think the odds discussed by the attorney you consulted with may be more in your favor. However, I do not know why there was a removal order. Did she commit a crime? You need to speak to another attorney and get another fee quote.
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Since your wife has an outstanding deportation order she is ineligible to adjust status in the United States unless her removal proceedings are reopened. This is because USCIS cannot ignore the order of deportation entered by the Court. The removal proceedings will have to be reopened but the likelihood of success will depend upon a number of different factors including, but not limited to, why your wife was ordered deported in the first place and whether it will be necessary for to ask ICE to join a motion to reopen (required in most cases if the deportation order was issued more than 90 days ago, but not for absentia orders).
Without knowing the specific facts of the case there is not way to evaluate it, though the fact that your wife has been granted TPS is a positive factor. Sending her back to her home country is most likely not something in the positive column and there is chance it is may be unnecessary.
It sounds as though you were not confident with the lawyer you spoke with so I would encourage you to obtain a second opinion from another experienced immigration attorney. What you think is a "big amount" is certainly related to the work that needs to be performed and the facts of the case. See the link below for things to look for when retaining immigration counsel.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation.