Legal Question in Immigration Law in California

deportation procedings

I came to the US on a V3 visa, because my father a permanent resident applied for me on 03/2000

I renew my V visa and will expire on 04/2010 on january/2004 my parent died, on 05/2007 I filed form I-485 and I sent all the documentation and fees, I did the biometrics and I received an appointment for an interview I showed up and the officer asked for my dad I told him he was dead the officer sent me home and told me to wait for a decision, on 11/2007 I received a notice to appear for a deportation procedings on december 15/2007 I married my boyfriend a US Citizen on january/2008 I went to hearing and the judge gave me 3 months to get a lawyer, my question is I'm married to a USC, can my husband file a petition for me? and do we send form I-130 by mail and wait for an approval or file at the court ?

a friend told me I have to file at the court, is this true or by mail ?

Thank you for any response.


Asked on 1/17/08, 12:21 am

1 Answer from Attorneys

Ricardo Vidal Law Offices of Ricardo Vidal, P.A.

Re: deportation procedings

You must file the I-130 application with the USCIS, not Immigration Court. You must show evidence of the I-130 filing to the Immigration Judge and the Judge may allow you to adjust your status with USCIS and terminate proceedings. It may be necessary for you to hire a lawyer to help you with this matter.

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Answered on 1/17/08, 12:47 am


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