Legal Question in Immigration Law in California

I was dating a man who was here on a visitor's visa, became pregnant, and married him. He left me one month after we married. I did not want to go to the interview and lie so that he could stay here. I filed for divorce, and sent a letter to withdraw my I-130. The man showed no interest in our now 5 month old son until he found out about the divorce recently and so is trying to delay divorce and custody proceedings. If he has overstayed his visitor's visa and is working here illegally, does he have any status while I'm waiting to hear about the I-130 being denied?


Asked on 9/27/09, 1:26 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

He is illegal and has no valid status in USA. When your I-130 is withdrawn, most likely he will be referred for deportaton/removal from USA. There is not much he can do.

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Answered on 9/27/09, 1:36 am


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