Can i file I-130 for my husband who is facing deportation? 5 Answers as of May 31, 2011

My husband was charged with moral turpitude crimes and is awaiting trial for deportation. During this time would I be able to file an I-130 form for him? I am a U.S. citizen and he is not.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes you can. In proceedings, one of his defenses can be Adjustment of Status (which is what you want to do) and the judge may give you time to get it done. I don't know anything about him or his case or how or why he is being removed from the US. This is one of those times you want to really talk to an attorney face to face to see what can be done about your husband. So, please consult competent counsel. Good luck!
Answer Applies to: California
Replied: 5/31/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
Yes, you can file an I-130 petition for him. Please contact an experienced deportation defense attorney before filing. Best of luck.
Answer Applies to: Texas
Replied: 5/27/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
You are allowed to file an I-130 for him. Most convictions will allow you to also file an extreme hardship waiver to "excuse" the CMT. However some convictions are not waivable. I highly recommend that you seek strong and competent immigration counsel for his case.
Answer Applies to: California
Replied: 5/27/2011
Immigration Law Offices of Misiti Global, PLLC.
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
You can file an I130 for your husband, however, this will not gain him a legal status. An approved I130 only says a visa is available to your husband. He still must adjust status and this may be where he will experience issues. You need to speak with and retain an immigration attorney. Immigration court is much to complicated a process to try to navigate on your own.
Answer Applies to: New York
Replied: 5/26/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You can try and prove extreme hardship. You should work with a lawyer.
Answer Applies to: Florida
Replied: 5/26/2011
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