If my husband came illegally and is living with me in theUS, shouldI putour USaddress on petitionI 130 or the Honduran address?

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If my husband came illegally and is living with me in theUS, shouldI putour USaddress on petitionI 130 or the Honduran address?

Will Us address get him deported

Asked on October 12, 2011 under Immigration Law, Maryland

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Putting your address on the application will not, in and of itself, cause him to be deported.  However, you have to know and understand why you are filing the I-130 and how it is that it can help him.  Unless he is grandfathered under Section 245i, if he entered the US unlawfully, even if he is married to you, a US citizen, he is not eligible to legalize his status within the US.  SO, your filing the I-130 on his behalf will not grant him any type of status.  He will need to go outside the US once the I-130 is approved and apply for an immigrant visa on the basis of that approved petition.  However, because he has been in the US unlawfully, as soon as he departs the US, he will automatically trigger a 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse.  This is very difficult to prove in most cases.


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