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Immigration Issues/i filed I130 for husband

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Hi Robert,
I am a US citizen. My husband was in the US illegaly. He was not given a deportation order but he was picked up at his work by the immigration because his court case was denied. now he is in jail and waiting for them to get a ticket so he can go back to his country.  I already filed a I130 form for him a month ago.  I was wondering if i need to file a I212 and the I601 form for him, and if so, can i file now or do i have to wait until he is called for an interview?? Also, do you think it is necessary for me to have an attorney for this case?

Answer
You can file the I-212 now. The I-601 can not be filed until he is called in for his interview in his home country.

Personally, I think it is better to have an attorney for this case. The standards for th I-601 are very high and the case needs to be presented in the best possible light.

Regards,

Robert Hollander Esq.

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