Can the deportation be removed?
You can file a petition for your father, but any pending deportation proceedings can present issues in the process.
Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.
Yes you can file the I-130 for your father. Depending on why your father is in removal proceedings the pending I-130 may be considered by the court. He can not file the I-485 with the
I-130 as long as he is in removal proceedings. He must file to adjust through the court AFTER the I-130 is approved UNLESS the court dismisses the removal proceedings against him.
I have 33 years experience and practice immigration law only. My answer to your question is general in nature and not to be construed as legal advise or as establishing an attorney-client relationship. For additional discussion regarding your personal situation a scheduled consultation is required.
There are many factors to consider such as when the deportation occurred, is the order final or is he currently in proceedings? You can petition for your father and adjust in Court after the petition is approved by USCIS. If the order is final and recent he might need a waiver to consular process.
If he entered the U.S. legally and is not otherwise barred from adjustment, you can file for him.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
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