QUESTION

What should I do to make my Husband a legal resident?

Asked on Aug 26th, 2013 on Immigration - California
More details to this question:
I am a US Citizen and I married to my husband who was on political asylum. But before we were married he had an order of deportation. What steps do I take to reopen his case and make an appeal to ask for him to become a resident in USA with me? I was told by a family friend to fill out and turn in the I-130 form. Is this correct?
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4 ANSWERS

Adebola O. Asekun
If your husband has an outstanding order of deportation, you should not listen to advice of non lawyers. With an order of deportation on file, it is also likely that a warrant of arrest is also on file and if apprehended by agents of ICE Fugitive Apprehension Team, he will be removed from the US in compliance with the outstanding order of removal. o resolve his situation, it will be necessary to file a motion to reopen and stay the order of removal. A form I-130 petition by you to accord him status of an immediate relative of a US citizen must also be filed. But the process is very complicated and should be undertaken by an experienced immigration lawyer
Answered on Aug 28th, 2013 at 4:06 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Aug 27th, 2013 at 10:54 PM

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You have a difficult case. I-130 is not the only form you would have to file. In addition, somebody needs to review your husband's asylum denial papers and see if he is admissible on adjustment of status. You would be much better advised if you talk to an immigration attorney; and hopefully not that one (if any) who participated in the deportation proceedings.
Answered on Aug 27th, 2013 at 4:04 AM

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Immigration and Naturalization Attorney serving San Diego, CA
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An attorney will need more facts to properly advise you before you fill out any forms. What did he do to get an order of deportation? Did he leave? Did he commit a crime? Was the asylum granted before or after the order of deportation, etc.
Answered on Aug 27th, 2013 at 4:01 AM

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