Legal Question in Immigration Law in New York

Immigration

My husband was on deportation proceedings when I married him in March 2008. He was married before but his now ex-wife would not go to the immigration interviews & she was mentally abusive to him. He divorced her in May 2007 at that point he lost his status. We filed for our I-130 in March 2008 but it has not been approved nor have we been called for an interview. He has been to immigration court several times since then & has not been deported. Our old lawyer filed a I-485 and we received letter that his has been received. What is our next step? Just wait until things are approved. He is due in court in March 2009 and we are hoping that the I-130 will be approved by then. If it is, can they deport him?


Asked on 12/26/08, 3:49 pm

1 Answer from Attorneys
Rachel Baskin Rachel Baskin, Attorney at Law

Re: Immigration

In order for the court to grant him any relief (i.e., permission to remain in the US), your I-130 will have to be adjudicated and approved. At that point, your husband will be eligible for his green card. Based on your post, it is not entirely clear what happened to his previous petition with his ex wife. That may have an effect on your application for him.

You should have an attorney who can appear at court with you and explain the entire process in detail.

Read more
Answered on 12/29/08, 11:22 am


Related Questions & Answers

More Immigration Law questions and answers in New York