Can ICE detain or deport someone with an approved i30 petition?

Business 4 views 3 answers
Can a permanent resident (greed card) parent sponsor an unmarried child above 21 years old, who is already in the US several years now, through a visitor's visa, and the beneficiary had a misdemeanor charge several years ago ? Also if the i30 petition is approved, can that person still be held by immigration authorities, thanks.

Attorney Answers

3
James Donovan ·
Unfortunately yes ICE can detaine that person. But highly unlikely for a misdemeanor
0 upvotes
Naoki Sekiya ·
Yes, ICE could detain/deport someone with an approved I-130 in the preference category. I-130 approval, in and by itself does not confer any immigration benefits, because the beneficiary has to apply for green card when a visa becomes available. In the preference category (such F2B in your case) as opposed to the immediate relative category (where no visa waiting time), it simply means a "green card" is reserved for the beneficiary in the future. Consult with a local immigration attorney for further assistance.
0 upvotes
Leonard Boyer ·
The answer provided by my distinguished colleague, attorney, Naoki Sekiya is correct. ICE can detain anyone who is not a US Citizen. Deportation decessions are handled by immigration Judges except in extremely rare situations. Only an Immigration attorney has the expertise to properly fill out immigration forms and put together the right package of documents and other evidence to support the immigration benefits you are trying to obtain. However, especially in these turbulent times, you really need to retain an immigration attorney. This is not a do-it-yourself project! You should focus on retaining experienced immigration counsel, especially with immigration expected to become much more restrictive since Trump is now President. Good luck.
0 upvotes

People Also Asked