Legal Question in Immigration Law in Michigan

Yes you may apply for him. When did you get married? If you married him since he was placed in deportation proceedings, it may appear to some that your marriage is fraudulent. There is no way to give you a certain timeframe. As soon as the I-130 and simultaneously filed I-485 are approved, you should have an attorney apply for cancellation of removal. If you need assistance, do not hesitate to give me a call at 1-800-408-5818.

The above response is wrong. You shall consult a good and experienced immigration lawyer for a consultation. You will require a good lawyer in your State who specializes in "removal defense" or deportation defense.

Usually, if a husband is in proceedings and you haven't filed the I-130 yet, you can file it (alone) and ask for an "exemption". This stand alone I-130 has to be submitted with lots of supporting documentation (more than usually required) to show that this is a bona fide/real marriage.

If your husband came to USA legally on a visa, he might be able to apply for adjustment of status later when the I-130 is approved. However, if he came illegally, he doesn't need I485 at all, as he would not be eligible for adjustment of status (unless protected under 245i).

Please keep in mind that this is a public forum, and no legal advice can be given on the forum.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

It is possible to file an I-130 alone to petition for your husband. However, that does not necessary mean that he will get a green card or even be able to stay in the U.S. I would need a lot more information to determine that. For example what do you mean by pending deportation - has he already been deported and just has not left or is he still in immigration court proceedings? How long have you been married? How did he enter and how long has he been in the U.S.? These are just a few of the questions I would need answers to. Our consultations are free so please call me at (248) 619-0065 to schedule an appointment.