QUESTION

If I am a permanent resident but in proceedings, can I still apply I130 for my spouse who lives outside the USA?

Asked on Apr 10th, 2014 on Immigration - Texas
More details to this question:
Hello. I'm a green card holder but in removal proceedings and have temporary I551. My spouse is outside of USA. Can I apply I130 for her? What are the chances for getting it approved? Would they deny or something? I really appreciate all answers.
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3 ANSWERS

Adebola O. Asekun
In certain situation, once an alien obtains legal residence status, even on a conditional basis, the alien remains eligible to file Form I-130 for his/her spouse and children even while you are in removal proceedings until the immigration judge issues an administratively final order for your removal.. I caution you however, that the specific facts of your case will be dispositive because, whether you are able to actually file petition for your immediate family members in your present situation also depends on several factors not explained in your question, such as for instance, how you obtained your conditional residence in the first place. For instance if the government makes the determination that you obtained your temporary residence by fraud, it will make the argument that you are not a legitimate conditional resident and hence you do not have the rights and privileges normally accorded to true legal residents which, includes the right to file petitions for immediate relatives. Trust me, in your situation, you do not want to make any decision without the proper and well reasoned counsel of an experienced immigration attorney.
Answered on Apr 14th, 2014 at 6:30 AM

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Yes. You can petition for your spouse as long as you still have your permanent resident card and have not loss that status in removal proceedings. However, if you are ordered removed by the immigration judge, USCIS can deny the petition or revoke the approved petition before your spouse enters the US on an immigrant visa.
Answered on Apr 11th, 2014 at 6:35 PM

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Bruce A. Coane
A permanent resident can file an I-130 for their spouse even though they are in proceedings. of course, if the permanent resident gets stripped of their green card by the judge, it would nullify the spouse's pending I-130.
Answered on Apr 11th, 2014 at 9:59 AM

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