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Illegal immigrant who overstayed visa now married to a LPR, does the spouse get deported after filing I-130?
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No one gets automatically deported after overstaying his visa and no I-130 is guarantee of status or a successful case. However, an I-130 can be used to avoid deportation. If a person files an I-130 before a deportation proceeding starts, that is good, because any immigration case started after a deportation proceeding starts puts all the burden of proof on the defendant (the person facing deportation). That said, it is worth noting that an overstay makes a case more complex that usual because a person may need a waiver of unlawful presence.
Answered on Oct 26th, 2020 at 10:14 AM