Results 1 to 7 of 7
  1. #1

    Default Married My Husband Who is in Deportation Proceedings, Any Advice is Appreciated

    Hello to all,

    Few of my issues stem from the following

    -When i married my husband he was in deportation proceedings, and we are married for 5 months now, however we haven't filed any paperwork (i-130, i-485) with the immigration as of now.
    -He also has been indicted for a fraud charge (low class Felony) though we expect him to clear free from that since he has nothing to do with it, and the prosecutor is inclined to dropping the charges, however he keeps on giving us a new court date after another.
    -With that said, is it possible to file an I-130 while going through the court process, does that affect any finger print and background check. He hasn't been convicted of anything thus far.
    -Would the pending case affect any immigration process we might start through our marriage?

    We have 2 issues at play here, first one is the deportation proceedings and, Second one is the criminal fraud charge. When is the best time to start this immmigration process? We were thinking about starting it now, in case the immigration decides to come pick him up after he is cleared of his criminal charge.

    Thanks in advance for considering my question.

    Regards,

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Married My Husband Who is in Deportation Proceedings, Any Advice is Appreciated

    Your best bet for a future as a couple is to plan on living where your husband is going to be deported to.

    Why is he being deported? If he was in deportation proceedings prior to the fraud charge, being cleared of it won't help his deportation.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Married My Husband Who is in Deportation Proceedings, Any Advice is Appreciated

    Quote Quoting cyjeff
    View Post
    Your best bet for a future as a couple is to plan on living where your husband is going to be deported to.

    Why is he being deported? If he was in deportation proceedings prior to the fraud charge, being cleared of it won't help his deportation.

    Agreed. The bigger concern is why he is originally in DP.

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Married My Husband Who is in Deportation Proceedings, Any Advice is Appreciated

    What does his attorney say? If he does not have one, get one!

  5. #5

    Default Re: Married My Husband Who is in Deportation Proceedings, Any Advice is Appreciated

    Hello again,

    Indeed he was in deportation proceedings before his criminal case.

    He had originally came to the U.S. with an F1 Visa, and due to political issues in his country, his father was arrested and he was unable to pay for his school, thus his dropping out and in turn, violating his f1 visa condition.

    If that explanation is of any help into a deeper insight, and any LEGAL remedy that is available to me.

    Thx again.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Married My Husband Who is in Deportation Proceedings, Any Advice is Appreciated

    At that point he should have tried to file for asylum protection. However that also depends on where he's from (for example, being annoyed at the political state in Ireland isn't going to get you asylum).

    He really, really needs to speak with an experienced immigration attorney who can advise him. Deportation proceedings will not be stayed simply because he married a US citizen.

    The deportation issue needs to be fixed first.

  7. #7

    Default Re: Married My Husband Who is in Deportation Proceedings, Any Advice is Appreciated

    @ Dogmatique - Thank you. We plan on seeking an immigration attorney's advise, as i am not well versed about the issues to ask the right questions. I was prompted to ask my own question based on what other like myself had experienced and were able to pose similar questions on this forum.

    Some mentioned filing i=130, and/or i485 to sort of have his day in court or whatever purpose those documents serve. I am not sure if there is a light at the end of the tunnel. I just want to be able to file something that would give us a fighting CHANCE or consideration by the immigration to review his case, and perhaps win a stay and God willing carry on from there.

    1. Sponsored Links
       

Similar Threads

  1. Removal (Deportation) and Reentry: Out of Status and in Deportation Proceedings, Married to a Citizen
    By Akira in forum Immigration Issues
    Replies: 1
    Last Post: 09-01-2009, 10:11 PM
  2. Asylum: Seeking Asylum During Deportation Proceedings
    By sereiaserena76 in forum Immigration Issues
    Replies: 1
    Last Post: 04-26-2009, 12:17 PM
  3. Marriage: FiancÚ in Deportation Proceedings
    By grniz07 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 02-12-2009, 09:24 PM
  4. Speeding Tickets: Traffic Court, Friday 12/5, VC 22350 - Advice Appreciated
    By JOrkney95 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 12-03-2008, 05:04 AM
  5. Removal (Deportation) and Reentry: Helping A Girlfriend Who Is In Deportation Proceedings
    By Trevor1985 in forum Immigration Issues
    Replies: 3
    Last Post: 08-15-2007, 07:59 PM
 
 
Sponsored Links

Legal Help, Information and Resources