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July 5, 2010: Relief From Removal With Pending I-130 Petition

Relief From Removal With Pending I-130 Petition

Is there a chance to stop deportation if I show the judge an I-130 petition filed by my lawful permanent resident wife for me and her application to become a U.S. citizen?

I also have a United States citizen daughter. I came to the United States with a tourist visa and overstayed my allowed time.
— Anonymous

There is a possibility to stop deportation, but it all depends on many other facts that are not in the question. This is a perfect example of when it is very important to consult with an experienced immigration attorney because there are many different scenarios that may play out in your favor depending on all of the facts in your case.

First of all, do you have a final order of deportation or are you presently in deportation proceedings? If you have a final order of deportation, when and why was it ordered and have you already filed a motion to reopen? If you filed a motion to reopen, and it was denied, are there grounds that would allow you to file a joint motion to reopen?

If you do not have a final order of deportation, but removal proceedings are pending, a pending I-130 petition filed by your permanent resident spouse may not be enough to continue the removal proceedings because a the judge may determine that relief from removal is not immediately available to you.

Does your wife meet all of the legal requirements for Naturalization? Has your wife been scheduled for her interview? How old is your United States citizen daughter? If she is over 21 years old, she may be eligible to file a petition on your behalf. Do you have a criminal background that would prevent you from adjusting your status to lawful permanent resident even if an I-130 petition filed by either your wife or daughter is approved? If you do have some criminal convictions, is there a waiver available? So yes, there is a possible chance to stop deportation and be granted residency, depending on the facts of your case.

An experienced immigration attorney will definitely ask follow-up questions to determine what, if any, relief you have available from deportation.

Michael Shane and Evan Shane, Immigration Attorneys

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