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

4.8 127 reviews

K F ★★★★★ a week ago
We came into the Shane& Shane family via Mr Brauwerman a former Immigration Judge prior to his retirement. We knew we … More were in great hands with this merger.
Veronica and Evan were our counsels for the Citizenship process for my spouse and I. Going in, I knew mine would have required additional work. As such, it was not a surprise when I received a decision cannot be made at the interview, while my spouse secured the citizenship at first interview.
Veronica was amazing on the first interview, she prepped me well and took copious notes. With this team, when they tell you to trust the process, believe them and just leave it in their capable hands to follow the protocol. Evan followed up and successfully secured a second interview after a long silence.
Evan prepped me equally and rigorously well for the second interview. He was even more intimidating than the real interview. As a result I am now a Citizen.
This team, Myrna, Veronica and Evan is truly a team. They are responsive, professional, authentic and transparent. They are a true immigration firm and we could not have asked for better representation. Reach out to them for a consultation, I guarantee you will retain them for representation.
Thank you guys!
Ademir Pavao ★★★★★ a year ago
Ademir Pavao
Myself and my son, Ademir Pavao Filho, are so happy here in USA, My son now is in Fort Bragg, Army in North … More Caroline, everything was perfect with us, an I become a permanent resident applying to become a citizenship next year, my special thank to Evan Shane and Maria, that solved all problems we had. I highly recommend this important and necessary services provided by Shane, Shane, and Brauwerman. Evan and Maria worked on our cases and we were impressed by how knowledgeable, organized, and reliable they were.
Ricardo Bendito ★★★★★ 3 months ago
This is by far the best law office!
For years I have dealt with countless law offices and have retained two different attorneys … More before coming to Shane & Shane. my case was very complex, battling mistaken identity while applying for I-601A waiver, and green card application. Evan and Veronica are ultimately the best attorneys I have ever dealt with. They analyzed and came up with a detailed plan pertaining to my case. They lead with full transparency the whole step of the way. I was impressed with the compassion and attention I was given. Thank you again to the whole staff for responding quickly and professionally every time I needed updates. I highly recommend retaining this Law Firm!