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Can my husband be deported if i already filed I-130?

Toledo, OH |

police came to my home for anonymous call and asked to see my husbands id and got all his info was wondering if they could return and say that he is going to be deported. we filed the I-130 in november 09.

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Attorney answers 3


Most persons in the U.S. without status are entitled to a removal hearing in front of an immigration judge before they can be deported, but there are exceptions. A pending I-130 does not protect someone from being removed, but if there is also an adjustment of status application (I-485) pending with USCIS, the Immigration and Customs Enforcement (ICE) will often permit that to be decided before placing the person in removal proceedings. In any event, since your husband is being investigated, you should consult immediately with an experienced and reputable immigration attorney who can assess the situation and advise you regarding available options.

Scott D. Pollock
Scott D. Pollock & Associates, P.C.
105 W. Madison, Suite 2200
Chicago, IL 60602
(312) 444-1940
fax: (312) 444-1950

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Did the police come on behalf of the immigration? Or did they come for something different like a criminal investigation? Usually, unless deputized or a criminal conviction, the police does not get involved in immigration process. However, lately many police officers were deputized to do the immigration work. We need more facts to answer your question. Also an I-130 does not automatically protect your husband from deportation. It will help if he is placed on deportation depending on many conditions such as how he entered etc. The other question is - are you a US citizen? You definitely need to talk to an immigration lawyer to advise you on deportation.

Good Luck
Shah Peerally
Founder and Managing Attorney of Shah Peerally Law Group PC
The Law Firm Deals in Immigration law, Bankruptcy & Debt Relief
37600 Central Ct, Ste 201, Newark CA 94560
Phone: 510.742.5887

Note: The above answer is provided for informational use only. One should not act or refrain to act based solely on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.


Depending on how your husband entered the country, he may be eligible to adjust status. As law enforcement is involved, you should hire an attorney immediately. As deportation cases and adjustment of status cases arising in Toledo are heard in Cleveland, you should consider retaining an immigration attorney located in the Cleveland area.

If your husband is not eligible to adjust status, depending on his immigration history, he may be eligible for another form of relief. Don't wait to retain deportation counsel as these applications can take time to properly develop.