More details to this question:
My brother pleaded guilty to "injury to a child" and was asked to be deported by ICE. An appeal was filed for him and the appeal is still pending. I-130 was also filed and it was approved. Does the approval of I-130 mean that he will not be deported? How long does it take for an appeal to be granted or rejected?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Dependent upon the circumstances of the case, an I-130 approval may be the basis upon which to ask for a remand of the case to U.S.C.I.S. In order to have an idea, your brother should show his complete criminal case record file to an immigration attorney for an evaluation. The timing of an appeal at the Board of Immigration Appeals can take anywhere from 6 months to years depending upon the complexity of the matter.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 02nd, 2015 at 1:03 PM