New deportation law.

[edward toro 3]

Hi, Friends at VJ's.

I would like to know if somebody has information regarding a recent immigration law that stops a deportation order if the immigrant is married (or related?) to a U.S citizen.

Thank you very much for your assistance.

[Kathryn41 3,205]

moved from Immigration News to General Immigration Forum as it is not a news article nor presents information about an actual law

[Haarp425 26]

Hi, Friends at VJ's.

I would like to know if somebody has information regarding a recent immigration law that stops a deportation order if the immigrant is married (or related?) to a U.S citizen.

Thank you very much for your assistance.

Depending on the case but only the Immigration Judge can stop a deportation order.

NOTE: The alien need a lawyer. You can't do this alone.

If the alien came here in the USA legally with a VISA (now expired), the alien has a chance since the alien is an immediate relative of a USC provided that I-485, I-130 was filed. If the alien is undocumented, then the alien is inadmissible.

Here's what is going to happen.

First, make sure I-130 and I-485 is filed.

Your attorney has to go with you to court on your first hearing (deportation hearing or removal hearing).

Your attorney will request to reschedule the court date (around 6 months) to allow time to get I-797C of the I-130

Once the I-797C of the I-130 is received, your attorney will attend the scheduled hearing. Your attorney will request the judge to administratively close the deportation order.

Once the I-130 is transferred to the local USCIS (you and attorney will have to keep an eye on this approval and you need to get inquiry about its transfer), you and your attorney will have to request for a new hearing and on the hearing date your attorney will request a motion to re-open the deportation case due to I-130 being transferred to the local USCIS and schedule for a new hearing date.

You and your attorney will go to this hearing date and then request the judge to allow you to adjust to permanent resident through the judge.

If the Immigration judge approves it, you will have a statement that you are now a permanent resident status and you will be directed to the local USCIS and put a stamp on your passport.

Your Permanent Resident card will be mailed soon.

[JimVaPhuong 4,863]

Hi, Friends at VJ's.

I would like to know if somebody has information regarding a recent immigration law that stops a deportation order if the immigrant is married (or related?) to a U.S citizen.

Thank you very much for your assistance.

There haven't been any recent changes in the law, that I'm aware of. However, DHS policies for implementing the laws are changing all the time based on court actions.

Being married to a US citizen doesn't automatically stop deportation, but it does allow someone to request a stay of removal so that they can apply for adjustment of status. Haarp425 described this process. The judge will usually grant this if the alien appears to be eligible for adjustment; e.g., didn't enter without inspection, and isn't being removed for an unwaiverable inadmissibility.