My husband has a deportation since 2010, and we decided I will go alone (me petitioner). Is there anything I can do to work around this maybe changing the interview date or withdrawing. Will ICE go home after this interview to look for him? We moved but haven't changed address with immigration. Can they get to us with my children's information in school district? A lawyer told us we need to wait 2 years in order get the waiver because it will be 15 years for charge he had in a bar fight (misdemeanor). But at the same time I want this petition to be approved to move forward. :(
You need to seek the professional assistance of the lawyer who is familiar with all the aspects of this case/situation. I wouldn't appear alone at that interview if I were you, and for the following (not exhaustive) reasons"
1. An I-130 interview is for BOTH the petitioner (you) and the beneficiary (husband) to appear together. Both of you have been summoned. Not just you. Without husband there'll be no interview, since the purpose of the I-130 interview is to ascertain the genuineness of your marital relationship.
2. With you appearing alone, unrepresented by an attorney, the interviewing officer will likely ask you all kinds of probative questions which he/she would not have otherwise dared to ask, had you been accompanied by a reputable lawyer - and use anything and everything you say against you both.
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I agree wth the most esteemed colleague form California. First, you should hire a lawyer. Second, you both should go for that interview. I makes no sense to play the time game. You have to get the I -130 approved, if you are to have any success. But again, start from having an immigration lawyer review your situation and help you decide what to do.
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I agree with my colleague. If you appear alone, you will most likely not get a decision on your I-130. On the other hand, if you go with your husband, he may be detained. I am not sure why the lawyer told you to wait 2 years for the waiver. You should speak with an immigration attorney and consider hiring one for your interview. Best of luck!
I have represented clients at interviews where there is a final order of removal, and although there is a risk, as long as the client is not a threat to the United States because of serious criminal or gang activity, normally the officer has adjudicated the petition. They know the petition is the first step towards the next stage of the case, which would be either a motion to reopen or a waiver for the deportation.
The information provided in this post should be construed for informational purposes only and is not legal advise or intended to establish an attorney/client relationship.
You should have an immigration attorney working with you. An approve petition alone will not help your husband’s situation. Failure to have an approved petition is no help either.
I agree with my colleagues. Consult with and hire an experienced immigration lawyer immediately to assist you. You need to resolve this issue and not run away or hide from it. Both of you should attend the interview with a lawyer present, under most circumstances. However, have the lawyer review both the deportation order and green card case first. Good luck!
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