Immigration Issues/i filed I130 for husband
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?
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.
Robert Hollander Esq.