Me and my husband have been married for 7 years and we have 2 children together. I am a US Citizen, but he is an illegal immigrant. We have been separated for over a year now. Due to a DWI that he received at the end of last year, he is due in court and most likely be put in jail. I understand that immigration can pick him up while in jail and deport him. Being that he is still my husband and the father of my 2 children, I am willing to help him with his immigration status and fix his papers because he needs to be here for his kids. My question is, if I proceed with the I-130 forms, being that we have been separated for over a year, Will I have any problems incase our case is investigated because we do not live together? Obviously we are not doing it for the papers since we have been married for so long and have 2 children together. But I just want to make sure that I wont get penalized for it. I have our marriage license, pictures, and everything since we have been together. What would be the best way to go about this?
1 Answer from Attorneys
If you want to help him, you MUST do this with an attorney. Your separation creates a major roadblock. If his DWI attorney is not also an experienced immigration lawyer, you need one to coordinate with him on the proceedings.
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