My husband is detained by ICE, can he be deported if I file the I-130 petition? 2 Answers as of June 13, 2011

I'm a U.S. Citizen. I got married on June 9, 2011 to my long-time boyfriend at a detention center. He is facing deportation back to El Salvador. Can I file the I-130 petition for him to stay here? I need to act fast. He is still being detained. He was charged in Federal court for illegal re-entry after removal in April 2011. He has a felony now but not aggravated felony. I am also trying for his release. Please can you give me advice so I may proceed forward. Thank you for your time. Take care.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I am sorry, but it will be extremely difficult for him to avoid long-term, if not permanent bar from ever obtaining a visa. He has one felony, and along with the fact that he was removed, and then tried to re-enter renders him ineligible from ever making an application for a visa, under section 212a (a)(9)(c)(i) of the Immigration Act. He could apply for a waiver, but it will probably not be granted.
Answer Applies to: California
Replied: 6/13/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Acting fast is not a solution. You need to hire a lawyer to help you to defend you. Marrying a citizen does not give you privilege beyond the law. However, marriage may help, depending on the ground he is put in deportation process.
Answer Applies to: Florida
Replied: 6/13/2011
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