QUESTION
Can a person get deported by filing form I-130 while living in the US?
Asked on Jun 06th, 2011 on Immigration - Texas
More details to this question:
I am a U.S. citizen. I would like to help my sister who live in the U.S. already. If I file a form I-130, will she be at risk to get deported while she waits for a visa to be available.
2 ANSWERS
A person who is here illegally is always at risk of being deported. Just by just filing the petition won't get her in removal proceedings.
Answered on Jun 09th, 2011 at 8:57 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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The USCIS has never used the information disclosed on the form I-130 to institute removal proceedings. But, there is no protection from deportation with the filing. Most importantly, there is a backlog of about 11 years for the sibling visa category. You should consult with an experienced immigration attorney.
Answered on Jun 08th, 2011 at 4:52 PM