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Help with husbands order of removal . Trying to see how to prove 1st marriage was legitimate & work on our current I130 .

Detroit, MI |

Husband has been here since June of 1996 . He has a prior marriage that is affecting his chances of becoming legal . They speculate fraud but have yet to show proof . His marriage was legit but on the last apt date his wife was a no show & has not been heard from since that apt in summer of 2002 . We've been married since June of 2007 & have 3 children . He is on an order of supervision because of order to deport . I have filed 2 I 130s 1st with no response , 2nd in process of intent to deny . We need to figure out how to prove 1st current attorney is of no help just keeps asking for large retainers without any updates or news on this case . My husband is the sole provider for our family & it would tear this family to pieces if he were deported . Any advice would greatly appreciated . I thank you

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Attorney answers 5


If he is under and Order of Supervision because of an existing removal order, he will not be able to adjust his status based on his marriage to you state side. He will need waivers or to have the previous case reopened. You ABSOLUTELY need an attorney!


If your current attorney is "of no help" you should meet with other attorneys for second and third opinions and advice on how best to proceed. It will be a difficult road, as I am sure you are finding out, but at least you may get concrete answers

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


Your situation sounds very difficult. If your attorney is not meeting your needs, you may want to get a new one.

This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client relationship. For more information, please visit


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Your situation is extremely complicated. If your husband cannot prove that his first marriage was not a sham, then he cannot be the beneficiary of a new I-130 petition. Subject to certain exceptions, having a final order of removal will prevent him from adjusting his status. You need an attorney who is experience with these types of situations and you need one fast.

The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known and detailed research has not been undertaken. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers require an investigation into all facts about your case. Any answers offered on Avvo are of a general nature only and are not meant to create an attorney-client relationship. Use these answers at your own risk.