Immigration Issues/immigration and deportation
My brother is facing deportation from a prison sentence by violating his probation in texas which made it a felony. He got married before he went to prison but his wife is an American citizen that was born here. The court says his passport is expiring, which it will in 2008 but his permanent resident card is until 2010. which form do I file the I-130 or I-589 for assylum or since the judge ordered him to be deported, do I have to get n attorney for an appeal? What can I do?
Your question is really too complex to handle in this forum. If he has been ordered deported (in the beginning you said he is being deported but further down you said he had been ordered deported, you would need to get the case reopened. An I-130 provides no benefits or rights to remain in the US and normally an asylum application must be filed within one year of entry.
Conviction of an aggravated felony may be a complete "show stopper", even when he is married to a US citizen.