Legal Question in Immigration Law in Michigan

Legal Guardianship of Minor usc when parent is NOT a usc

My husband is NOT a citizen and is facing deportation proceedings due to overstay prior to our marriage. He has I-130 pending approval if INS court judge dismisses our case. I AM a usc, legally married to him and we have been approached to provide legal guardianship over his niece who IS a usc. How would this affect his deportation status and could it possibly prevent him from being deported?


Asked on 4/29/04, 2:02 pm

1 Answer from Attorneys
Steven Afton IMMIGRATION ADVOCATES

Re: Legal Guardianship of Minor usc when parent is NOT a usc

Hello:

You are in a very good position to prevail, given that--as you've indicated--that the marriage to him was entirely legal and no other past marriages lurk in his/your past that were never ended! Provided your marriage to him was entered into in good faith, it likely will overcome the ramifications of the overstay (I'm not sure where you married him--his country or the U.S.). AND, you can always request your husband's I-130 be approved at the deportation proceeding (with evidence of good faith, appropriate documentation, etc.). If you have an attorney already, speak to him about it; if not, feel free to give me a call. Good Luck!

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Answered on 4/29/04, 2:30 pm


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