Can my husband be deported? 6 Answers as of July 12, 2013

I am a naturalized citizen and I recently married a non citizen pending a I751 request for evidence based on his first marriage. Can they still deport him? I gave up everything and moved to another state to be with him. I love my country and don't wanna leave. He is a citizen of Germany.

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Fong & Associates
Fong & Associates | William D. Fong
If your husband's application to remove the conditions on his permanent residence is denied, then he is deportable. Since you are married, you can petition for him again, but the basis for the denial of the previous petition will make it more difficult for him to be approved with your petition. Please call me for details.
Answer Applies to: Texas
Replied: 6/8/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Any foreigner can always be removed depending on the circumstances they put themselves in. That information is not in this question. I have found that most of the time, citizens of Europe and/or Canada did not experience many difficulties in adjusting their status when married to a USC. If you are telling me that he has a pending I-751 still pending from his 1st marriage. Then my short answer to you is that as long as he was free to marry you when he did, I would not worry about the pending I-751 from the previous marriage; as strange as it seems. The problem is obviously his possible polygamous marriage with you, which is illegal in the US. If he was still married to his 1st wife, did not divorce her and married you while still married, then your marriage is invalid and YES he can be removed. I wish you luck!
Answer Applies to: California
Replied: 6/7/2011
Kuck Immigration Partners LLC
Kuck Immigration Partners LLC | Charles Kuck
If you have evidence that your marriage is real, he will maintain his residence.
Answer Applies to: Georgia
Replied: 6/7/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
No they shouldn't be able to.
Answer Applies to: Florida
Replied: 7/12/2013
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Did USCIS find marriage fraud in his first marriage? Is he in front of an immigration Judge? I would need more facts to answers your question. We would be happy to assess his case, advise more specifics on the procedures, timing and fees if you want to set up a consultation (in person or by phone) with me as indicated below. We do charge for consultation but the consultation fee is then credited 100% toward the fees for your case.
Answer Applies to: California
Replied: 6/7/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    You need to provide more information. A request for evidence is not a denial of the I751. However, if you fail to respond or respond insufficiently, the I751 will be denied and he will be placed in removal proceedings. You will still have a chance to appeal the decision or attempt to readjust status in the immigration court. You would be wise to contact an immigration attorney if remaining in the U.S. is important to you. Call me for a consultation.
    Answer Applies to: New Jersey
    Replied: 6/6/2011
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