Is My Husband at Risk for Deportation?

[femmefatality 0]

Quick question on an outdated post!

I am a US citizen and my husband & I are preparing to file his concurrent i-130 & i-485.

He entered legally on a valid B2 visa as a tourist / visitor.

He extended his stay and was approved until February 2013, one month from now.

We are rushing to file everything before he falls out of status, but I don't think we will make it in time (all kinds of complications have arisen).

Will he be considered illegal and risk deportation if he stays? Does filing the forms before his status expires ensure he is allowed to be here? We are so confused!

[Krikit 1,164]

Hi there. I have split your post from an old thread so you can get some answers.

Welcome to VJ.

[hmh33 117]

No big deal. Try to get it all submitted ASAP. His presence is protected as soon as the application is filed... if his B-2 status expires before then, he may be unlawfully present for a couple of weeks, but ICE has way bigger fish to fry and the unlawful presence will be forgiven when the application is approved.

[sarahk316 2]

No big deal. Try to get it all submitted ASAP. His presence is protected as soon as the application is filed... if his B-2 status expires before then, he may be unlawfully present for a couple of weeks, but ICE has way bigger fish to fry and the unlawful presence will be forgiven when the application is approved.

Eh, maybe but you never know. I was out of status on a student visa and was picked up by ice. No criminal record, nothing, only out of status, and it was under the "forgiven" time, a couple of months.just to be safe, make sure you send it all in before he falls out of status.

[Brother Hesekiel 2,236]

No.

Nobody who is eligible for AoS will be deported.

[sarahk316 2]

No.

Nobody who is eligible for AoS will be deported.

There's always a chance he could be put under deportation proceedings, even though my deportation case was dropped due to my marriage, it took up lots of time and money. A small chance but hey, it happens and it's not something to take lightly.

[femmefatality 0]

Wow, thank you everyone for your quick responses! And sarahk316, I agree - certainly not to be taken lightly.

We have a whole slew of other issues which may affect his stay. Just the other day he was riding the NYC subway train home late at night and was tired. He fell asleep with his feet up on the seat. Apparently this is an enforced crime because he was removed from the train by police, arrested, handcuffed, detained, photographed and fingerprinted. He has a court date in February (seriously, I think it's the day before his status expires). All for having his feet up on the seats. That, or a lack of ID. (No doubt he was racially profiled for being Middle Eastern..) Regardless, we're concerned this will impact our attempts to file.

In addition to everything else, he was approved for an extension of his B2 in August, as I mentioned. In the approval letter, they stated there would be an attached updated I-94. There was not. So we do not have physical evidence that his extension was granted (besides the letter). Phone calls to the USCIS are pretty much useless. They seem unable to answer any of my questions in a direct manner (and I've called several different times in the past week)

We're facing a delay now because I'm trying to back-file taxes for the past 3 years in order to satisfy the requirements of the i-864. (My own negligence is to blame for not filing). I'm really doubtful we will complete all our forms on time including all evidence (his missing I-94, my back-filed tax returns).

His status will expire one month from tomorrow and now that he has run into the authorities (albeit for a ridiculous reason) we are both concerned. :/

[sarahk316 2]

Wow, thank you everyone for your quick responses! And sarahk316, I agree - certainly not to be taken lightly.

We have a whole slew of other issues which may affect his stay. Just the other day he was riding the NYC subway train home late at night and was tired. He fell asleep with his feet up on the seat. Apparently this is an enforced crime because he was removed from the train by police, arrested, handcuffed, detained, photographed and fingerprinted. He has a court date in February (seriously, I think it's the day before his status expires). All for having his feet up on the seats. That, or a lack of ID. (No doubt he was racially profiled for being Middle Eastern..) Regardless, we're concerned this will impact our attempts to file.

In addition to everything else, he was approved for an extension of his B2 in August, as I mentioned. In the approval letter, they stated there would be an attached updated I-94. There was not. So we do not have physical evidence that his extension was granted (besides the letter). Phone calls to the USCIS are pretty much useless. They seem unable to answer any of my questions in a direct manner (and I've called several different times in the past week)

We're facing a delay now because I'm trying to back-file taxes for the past 3 years in order to satisfy the requirements of the i-864. (My own negligence is to blame for not filing). I'm really doubtful we will complete all our forms on time including all evidence (his missing I-94, my back-filed tax returns).

His status will expire one month from tomorrow and now that he has run into the authorities (albeit for a ridiculous reason) we are both concerned. :/

You need to apply for a new i94. I did not have mine either and sent off the paperwork, I got a request for evidence. They gave me 83 days to send in the i94. I'm pretty sure most people will say he will be fine being out of status while you gather the paperwork, but with the arrest you have stated and all I would, if I was you, try and get it sent. Maybe send the letter confirmation and, a receipt for the i94 replacement if you send off for it.

Like I said I know from personal experience that it is definitely possible that ice will pick him up and place him under deportation proceedings if he falls out of status... Not likely? I don't know. I was told by a lawyer it was impossible when I myself fell out of status...they ended up picking me up at 5am from my house when I had only given birth to our daughter two weeks prior.