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Can I-130 be filed while in Deportation proceedings?

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  • Can I-130 be filed while in Deportation proceedings?

    I was taken in custoday on July 2ond by the INS and am out on a bond right now. My fiance and I plan to get married within a week.

    My question is that can we still file for I-130 as the court date is not still set and the case is not under the court's jurisdiction yet?

    I would really appreciate some help!

  • #2
    I was taken in custoday on July 2ond by the INS and am out on a bond right now. My fiance and I plan to get married within a week.

    My question is that can we still file for I-130 as the court date is not still set and the case is not under the court's jurisdiction yet?

    I would really appreciate some help!

    Comment


    • #3
      your "marriage" will likely come under close scrutiny because it looks like this event is taking place to somehow allow you to avoid deportation. Even if the I 130 is approved, you are not out of the woods yet.

      Comment


      • #4
        Thanks for the advice Anon! But the question is can I file the I-130 or not? And if I do. Can I file the I-485 and the rest of the forms with that?

        And if I am able to file everything, will this take longer than usual to process?

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        • #5
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          • #6
            Yes, you can file, but USCIS will deny it automatically. You must ask the Hearing Officer to adjust you to lpr.

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