Please Help!

[Hypnos 6,578]

The OP makes no mention of removal or deportation or any kind of ICE process, so I'm not sure where anyone is picking that up from.

[mjpnme 1]

Well those circumstances are concerning. Sounds like he was supposed to be deported but is avoiding it. There's a potential problem if they got married after he was ordered out of the country. OP, was your husband ordered to leave? Do you know? If so, you might need an attorney.

Thanks Americangirl for bringing that up! It is a concern I was hoping I could start the paperwork on my own and if we ran into problems I could hire an attorney not sure what to do? I can't afford one at the time. Yes he did do 4 months in jail it all charges were dropped to a misdemeanor at first he was told he would go to ICE and be deported but something happened not sure what on the same day they let him out and said he was free to go they knew of his immigration status and they let him out with time served. We are not hiding we live in the same place we were together before he went to jail and still together living in the same place after. We have proof we were living together and planning to marry before he went to jail. He never got removal proceedings to be deported and he is not avoiding deportation I just feel like he got a second chance somehow by GOD's grace but I am still not sure how to proceed from here.

Thanks so much!

[Harpa Timsah 13,258]

The OP makes no mention of removal or deportation or any kind of ICE process, so I'm not sure where anyone is picking that up from.

The linked prior post from the OP talked about it.

OP - you aren't going to get good advice if you don't tell the whole truth when asking questions.

[Hypnos 6,578]

I stand corrected.

This would be much easier if it were all in one place.

[mjpnme 1]

The linked prior post from the OP talked about it.

OP - you aren't going to get good advice if you don't tell the whole truth when asking questions.

I wasn't really trying to leave the whole truth out because I had posted before the whole story. I just really needed to know how to get started filing his paperwork. Point taken. Can someone just give me more input on where to get started and if we run into complications some options we may be able to take.

Thanks again!

[ceadsearc 516]

Well, it depends on whether he was put into removal proceedings and if you married after that happened, if so, because that affects how you are able to file.

[mjpnme 1]

Well, it depends on whether he was put into removal proceedings and if you married after that happened, if so, because that affects how you are able to file.

No he was never put into removal proceedings or ordered to leave the country he did not go to ICE he was released with time served. Yes we did marry after this situation but we were planning to marry before all this happened and we were living together. I didn't know if maybe we would run into a problem after I filed and they did a background check his charges were dropped to misdemeanor.

[Secrect34 0]

I'm assuming that he's in the US right now, if so you need to fill out forms I-130 Petition for alien relative, I-485 Petition to adjust or change status, G-325A Biographic Information,I-765 Employment authorization(if he wants to apply for EAD) I-131 Advanced Parole(If he wants to travel before his green card is granted), I 864 Affidavit of support. Get all those forms together read instructions carefully and acquire the supporting documents requested. After everything is filled out, signed and dated you mail it to the appropriate address and sit and wait for a response from USCIS:-)

P.s Under no circumstance should he live the U.S between now and the time he receives his green card cuz he'll be banned from re-entering for possibly 10yrs. Good luck

Hi am new to vj we have a similar time line and from New York City

My time line

August 3rd uscis receive application i130 , i131,i765 and i485

Biometric sept 5th

Expidite ead/ap on sep 13

Expidite approve sep 18

Card in hand sept 28

Still waiting for interview letter application was sent to Chicago then national benifit center

I was wondering how u got interview date already because when I call customer service they told me that nyc field office is working on April 6 n that nyc is backed up

[JimVaPhuong 4,863]

No he was never put into removal proceedings or ordered to leave the country he did not go to ICE he was released with time served. Yes we did marry after this situation but we were planning to marry before all this happened and we were living together. I didn't know if maybe we would run into a problem after I filed and they did a background check his charges were dropped to misdemeanor.

You said in the other thread that he agreed to voluntary departure. Did he sign any papers regarding this? If not then there's no issue until ICE makes an issue. If so then he's a deportation absconder. Your I-130 would be accepted, but his I-485 would probably be denied.

Child abandonment, even if a misdemeanor, can be considered a crime of moral turpitude, which would make him inadmissible to the US. If he's found inadmissible then he's deportable and he cannot adjust status.

I would hire a lawyer before proceeding with anything.

[mjpnme 1]

You said in the other thread that he agreed to voluntary departure. Did he sign any papers regarding this? If not then there's no issue until ICE makes an issue. If so then he's a deportation absconder. Your I-130 would be accepted, but his I-485 would probably be denied.

Child abandonment, even if a misdemeanor, can be considered a crime of moral turpitude, which would make him inadmissible to the US. If he's found inadmissible then he's deportable and he cannot adjust status.

I would hire a lawyer before proceeding with anything.

Thanks for the advice! Yes at first he did tell the judge he would voluntarily deport himself because he was going to do that but they turned around and released him with time served and he has not signed any paperwork to voluntary deport or any other immigration paperwork.

Its something that I can't explain but only that maybe he fell through the cracks somehow all he signed was his release with time served.

Child abandonment thing is very complicated he saw his child for the first time since she was a baby her and her mother were visiting from Paris and the mother has full custody of her not saying what happened was right but its just a complicated story when he thought a friend was watching her and then the friend left and everyone was arrested...I was just really trying to do the paperwork on my own but I guess I need to seek a lawyer right??