QUESTION

Do you think he can be deported?

Asked on Jan 23rd, 2013 on Immigration - Michigan
More details to this question:
My husband came here on a B1 B2 visa early September and we got married for two months. We filled in for his Green Card and Work Authorization in November. He was called for fingerprint on December 21 and we got an Interview notice for February 6. He is yet to receive a work permit. I am a US Citizen.
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6 ANSWERS

HE should not get deported if he entered the US lawfully and you filed for his adjustment of status on the basis of marriage.
Answered on Feb 07th, 2013 at 3:27 AM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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No unless he has done something in the past like a crime, false claim to citizenship, deportation, etc.
Answered on Jan 31st, 2013 at 8:47 AM

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If your husband is not a known terrorist, or a convicted felon, or a person who was ordered deported from the U.S. before, or has some other disqualification from becoming a permanent resident of the U.S., there is no reason to expect that USCIS would try to deport him; after all, even his authorized stay on B visa will not expire for another month. The first main question that will come up at the interview is whether he lied to the U.S. consul when he applied for his B visa: since you got married less than 90 days from his arrival to the U.S., he will be asked to prove that he did not intend to get married when he came, and did not intend to remain in the U.S. longer when the time he was given when he entered the U.S. The second main question at the interview will be to prove that your marriage is real. If you think this through, you will see that your answers to the two questions will not be easy to formulate in such a way that they would not contradict each other. Perhaps, it is time for you to consider retaining an immigration attorney.
Answered on Jan 30th, 2013 at 10:00 PM

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Immigration Law Attorney serving Staten Island, NY at Law Office of Jeffrey Lisnow
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Many factors go into each and every case. You would need a full case review with a qualified Immigration Attorney BEFORE an answer can be given. You would be best served by speaking with one of us prior to the interview.
Answered on Jan 30th, 2013 at 7:37 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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If you are legally married and the marriage is a bona-fide one, you should have no problem. Work authorization cards usually take about 3 - 6 months for processing.
Answered on Jan 29th, 2013 at 9:52 PM

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Hopefully not. If he is eligible for adjustment of status, then he should be ok. If you married more than 2 months after he arrived in the US, then there may be be an issue of preconceived intent. I assume that he did not intent to marry when he applied for the visitor's visa.
Answered on Jan 28th, 2013 at 4:40 PM

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