Can I File Form I-130 If My Spouse or Relative Is Already in Removal Proceedings?
Yes, you can file Form I-130 (Petition for Alien Relative) even if your spouse or qualifying relative is already in removal proceedings. However, the process becomes more complex and will require coordination between U.S. Citizenship and Immigration Services (USCIS) and the immigration court (EOIR).
Here’s what you should know:
1. You Can Still File the I-130
- USCIS accepts and processes I-130 petitions regardless of whether the beneficiary (your relative or spouse) is in removal proceedings.
- The petition must still establish a valid qualifying relationship (e.g., a bona fide marriage for a spouse).
2. Approval Doesn’t Automatically Stop Removal
- Approval of Form I-130 does not cancel or delay deportation by itself.
- You may need to request relief from removal in immigration court, such as an adjustment of status, once the I-130 is approved.
3. Concurrent Filing Isn’t Always Possible
- If the person is in proceedings, you typically cannot file I-485 (green card application) concurrently with Form I-130. Instead, the I-485 will usually need to be filed with the immigration court if the I-130 is approved.
4. Working with an Immigration Attorney Is Crucial
- Because of the risks involved (like removal orders), it’s strongly advised to work with an experienced immigration attorney.
- The attorney can help you coordinate between USCIS and EOIR, and may request administrative closure or termination of proceedings in some cases.
