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Can my husband still be deported while we wait for word from the Visa Center? His i-130 has been approved.

Los Angeles, CA |

My husband came to the US illegally 9 years ago but we married and have filed a i-130 which has been approved. In the approval letter it stated that we would be hearing from the National Visa Center within 30 days. Can he still be deported even if he's in the process of legalization?

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Attorney answers 4

Posted

Your husband could be deported at any time. A petition will not stop it.

Posted

Yes, he can be deported. Anyone who is not in status can be deported. Please note that there is a difference between "can" and "will"

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.

Posted

Yes
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Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/

Posted

A pending petition will not stop deportation. However an immigration judge may be more likely to grant voluntary departure or keep the case alive in court before entering any orders.

I think it would be best to have a lawyer helping you with this case in any event, as it seems your husband might need to file an I-601 unlawful waiver.

(888) 275-0047 Legal disclaimer: Daniel Shanfield, Esq., with offices in San Francisco and San Jose, is a former INS trial attorney and United Nations HCR resettlement officer, with over 15 years experience in immigration law. His statements above are general in nature and should not be deemed legal counsel, as not all factual issues are known. Participants should retain an immigration lawyer to review their own legal matter. The information provided does not create an attorney/client relationship.

Asker

Posted

Thank you for your response and yes, we plan to file a I-601 but I read on the USCIS website that they are not accepting them yet.

Daniel Shanfield

Daniel Shanfield

Posted

That's true for stateside processing, but not if the applicant is at the consular post. In any case please contact an experienced immigration lawyer.

Daniel Shanfield

Daniel Shanfield

Posted

That's true for stateside processing, but not if the applicant is at the consular post. In any case please contact an experienced immigration lawyer.

Daniel Shanfield

Daniel Shanfield

Posted

That's true for stateside processing, but not if the applicant is at the consular post. In any case please contact an experienced immigration lawyer.

Daniel Shanfield

Daniel Shanfield

Posted

That's true for stateside processing, but not if the applicant is at the consular post. In any case please contact an experienced immigration lawyer.