Can a person get deported by filing form I-130 while living in the US? 3 Answers as of June 09, 2011

I am a U.S. citizen. I would like to help my sister who live in the U.S. already. If I file a form I-130, will she be at risk to get deported while she waits for a visa to be available.

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
A person who is here illegally is always at risk of being deported. Just by just filing the petition won't get her in removal proceedings.
Answer Applies to: Florida
Replied: 6/9/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Everyone who is here illegally it is at risk of deportation if they come to the attention of ICE. Obviously, the filing of an I-130 petition may bring her to the attention of USCIS but I doubt that they would actually use resources to look for her unless she is also a criminal. That doesn't mean they won't. It just means that it is unlikely and I have rarely seen it.
Answer Applies to: Virginia
Replied: 6/8/2011
Fong & Associates
Fong & Associates | William D. Fong
The USCIS has never used the information disclosed on the form I-130 to institute removal proceedings. But, there is no protection from deportation with the filing. Most importantly, there is a backlog of about 11 years for the sibling visa category. You should consult with an experienced immigration attorney.
Answer Applies to: Texas
Replied: 6/8/2011
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