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.
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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.