QUESTION

Can my wife still file for me while in immigration proceeding and I’m found to be inadmissible?

Asked on Jun 18th, 2013 on Immigration - California
More details to this question:
I came to USA legally through f-1 visa, however, I didn’t go to school and I was detained by ice, they wrote me inadmissible. Later I was released under bail, now been in removal proceeding for 2 years now. I got married recently to a USA citizen. My question is, can she still file for me while in immigration proceeding and I’m found to be inadmissible? Do I need a waiver or not?
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7 ANSWERS

If you do not have any criminal convictions, communicable diseases, history of immigration law violations, or national security reasons for inadmissibility (in other words, if the only reason why you were found to be inadmissible was your falling out of your F1 status), then your wife can file an immigrant petition for you, and you do not need a waiver. Your marriage will be subjected to a very harsh scrutiny, but, if you prove that it is a real marriage, you should be able to adjust status and receive a green card.
Answered on Jun 19th, 2013 at 8:23 PM

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Your wife can file for you in removal proceeding. Whether you need a waiver or not depends on the type of inadmissibility, which you didn't say anything about.
Answered on Jun 19th, 2013 at 2:44 PM

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Adebola O. Asekun
If your wife is a US citizen, she can file an I-130 petition despite the pendency of your removal proceedings. Because, your wife is filing the petition after you are already in immigration court, DHS is going to be very suspicious of your marriage and unless it is convinced of the good faith of your marriage, DHS will not approve that petition. You need a lot of evidence to convince DHS that this marriage was not entered into solely for immigration purposes. If approved, you will still get your green card. If the violation of your F-1 status is the only reason why you got into deportation proceedings, you should be able to get your green card approved. This is not a case I will suggest that you do on your own. I strongly urge you to hire an attorney for your case.
Answered on Jun 19th, 2013 at 9:36 AM

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As long as you do not have a final order of removal or been granted voluntary departure more than 90 days ago, you appear to be eligible to apply for adjustment of status and avoid removal if an I-130 visa petition by your spouse will be approved. You should consult with an immigration attorney as soon as possible.
Answered on Jun 18th, 2013 at 8:21 PM

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You may be eligible as an immediate relative of a U.S. Citizen should your wife file a petition but more information is required to make a determination. Please be advised that there are special rules and procedures if you were married during removal proceedings. You and your wife should consult with an Immigration Attorney to walk you through the process and help you with the filing requirements if you qualify.
Answered on Jun 18th, 2013 at 8:21 PM

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Immigration Law Attorney serving San Francisco, CA at Law Offices of S. Ouya Maina
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Your wife can petition for you even while you are in Removal Proceedings. You may not need a waiver if your only ground of removability is the visa overstay. You should strongly consider consulting with and hiring an attorney - yours is not a straightforward case.
Answered on Jun 18th, 2013 at 8:21 PM

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You should take this opportunity and have your wife petition for you promptly. The review will be independent and the decision could come favorable for you. Once, and if, you are approved, I believe your removal proceeding will be terminated. In addition, you could request DHS attorneys to defer their action pending your spousal petition. However, it could only be done if your petition was filed. Get help of an immigration attorney to navigate you through this situation.
Answered on Jun 18th, 2013 at 8:17 PM

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