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  • desperate

    Hi,
    My hus came here in H1 but never worked due to so many reasons. First the company lost the project, then the recession etc. He worked here illeagally for 5-6 months and as soon as we came to know that its illeagal, he quit the job. I 've filed for the green card for him.
    now his visa is expired. Before expiring the visa , one attorney somehow convinced us to file for an extension and he find someone to sponser him.( we didn't know anything about these rules and the discussion forums like this.) From here we found its impossible to get extension if the person is out of status.The case is still pending. Will the INS decide to deport him?. We didn't do anything to cheat INS,but someone took advantage of our ignorance.
    Thanks in advance.

  • #2
    Hi,
    My hus came here in H1 but never worked due to so many reasons. First the company lost the project, then the recession etc. He worked here illeagally for 5-6 months and as soon as we came to know that its illeagal, he quit the job. I 've filed for the green card for him.
    now his visa is expired. Before expiring the visa , one attorney somehow convinced us to file for an extension and he find someone to sponser him.( we didn't know anything about these rules and the discussion forums like this.) From here we found its impossible to get extension if the person is out of status.The case is still pending. Will the INS decide to deport him?. We didn't do anything to cheat INS,but someone took advantage of our ignorance.
    Thanks in advance.

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    • #3
      If you have filed all of the paperwork for the green card and the INS received it, then you have a status "pending" that means he can stay legally until there is a decision one way or the other. They won't send him anywhere while a decision is pending. So, relax for the time being and wait until you hear from them on the status of your petition.

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      • #4
        One more thing. http://k1.exit.com is an excellent page for any marriage based questions. There are plenty of well experienced folks there.

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        • #5
          Thank you Miki. That is an excellent site.

          I have filed the I-130 for him when he was in the home country and got a paper from INS that shows they received it.

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