Can I petition my husband even though he has a pending court case with immigration? 12 Answers as of June 04, 2013

This up coming court is the final hearing for deportation removal.

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Law Office of Adebola Asekun | Adebola O. Asekun
Unless there are other viable means for his to succeed at his deportation hearing, and if you want him to remain in the country, you can file and in fact should have filed a petition for him a long time ago. The fact that you are asking this question at this point suggests you are unaware of the immigration process. Unless DHS has charged him for deportation for a ground that he is permanently not eligible for a waiver, filing a petition should be one of the first options he may have in defense to deportation. I suggest that you consult with an immigration attorney right away
Answer Applies to: New York
Replied: 6/4/2013
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
It is possible. If you can show a bona fide marriage, and an extreme hardship to you as the basis for his relief from deportation (removal), your husband may be able to have a continuance placed on final determination of removal until after the decision by USCIS to grant adjustment of status (green card) eligibility. You will need a lawyer on this, if your husband has not got one already. Stay in touch with me, if you want help.
Answer Applies to: California
Replied: 5/31/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
In many cases, having an immediate relative petition helps prevent deportation; but there are situations where filing a petition would be just a waste of money. An immigration law specialist has to take a close look at your husband's case to answer your question. Best to have it done by the immigration attorney representing your husband in court.
Answer Applies to: New York
Replied: 5/29/2013
Universal Law Group, Inc. | Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. In addition, there is information which would be needed to give you an accurate answer. Why is your husband in removal proceedings? Has he been convicted of any crime? Are you a U.S. citizen? I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's situation. He/she would then be in a better position to analyze his case and advise you of his options. Yes, you can. However the procedure is different since your husband
Answer Applies to: California
Replied: 5/30/2013
Chavarro & Gorinshteyn, LLC
Chavarro & Gorinshteyn, LLC | Olesia Gorinshteyn
If you are a U.S. citizen, please do file your petition as soon as possible. Meanwhile, see an immigration attorney for further case evaluation.
Answer Applies to: Georgia
Replied: 5/30/2013
    JCS Immigration & Visa Law Office
    JCS Immigration & Visa Law Office | Jack C. Sung
    Yes you can still petition for your husband even though he is currently in removal proceeding. Under certain circumstances, the judge will allow him to stay in the United States based on your petition and the immigration judge may even terminate the removal proceeding based on your petition. More information is needed before I can determine whether your petition will save your husband from being deported.
    Answer Applies to: California
    Replied: 5/30/2013
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You can petition your husband if you are a US citizen but it depends on the charges against him and the manner of his entry whether it will help him avoid removal. You should consult with an immigration attorney for a review of the case.
    Answer Applies to: California
    Replied: 5/29/2013
    LAW OFFICES OF S. OUYA MAINA | SAMUEL OUYA MAINA
    You can petition for him provided you are a US citizen, Lawful Permanent Resident or Asylee (in certain circumstances). You really need to speak with an attorney if he is already in Removal Proceedings as the process is infinitely more complicated than the "usual" case.
    Answer Applies to: California
    Replied: 5/29/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You need to consult an experienced immigration attorney ASAP. The answer will depend upon additional information.
    Answer Applies to: New York
    Replied: 5/29/2013
    Chaudhary Law Office, PLLC
    Chaudhary Law Office, PLLC | Satveer S. Chaudhary
    Yes you can. In fact depending on your circumstances it could have a positive impact on his case.
    Answer Applies to: Minnesota
    Replied: 5/29/2013
    Law Office of Bill Travis Klein
    Law Office of Bill Travis Klein | Bill T. Klein
    If you have not done so yet............you need to consult with an Immigration Attorney Immediately! You can petition for your husband at any time as a Green Card Holder or U.S. Citizen. The real question is will that prevent your husband from being deported. It may be possible to get him a green card depending on detailed facts of your situation.
    Answer Applies to: California
    Replied: 5/29/2013
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