Can LPR husband petition a spouse who is in removal proceedings?

[gbi]

Hi
I am in removal proceedings based on asylum application. Can my husband file i-130 for me and adjust a status . He is green card holder . We have been married for 10 years before I was put in removal .we have 3 USC children, own a house, everything in our both name..I mean it's not sham marriage..please help me

 

[SusieQQQ]

The spouse of a green card holder needs to be in (and have always maintained) valid status in the US to be able to adjust status. You haven’t given details of all past statuses, but I am assuming that if you are in removal proceedings you don’t meet this requirement.
additionally, if he has not filed an i130 for you yet, at present there is about a 6-month wait (assuming they continue to use table B of the visa bulletin for filing aos) between submission of an i130 and when the priority dates becomes current for you can file an i485. If it goes back to table A (though I think that is rare) it is more like 2 years.

When does your husband expect to be able to naturalize?

 

[gbi]

The spouse of a green card holder needs to be in (and have always maintained) valid status in the US to be able to adjust status. You haven’t given details of all past statuses, but I am assuming that if you are in removal proceedings you don’t meet this requirement.
additionally, if he has not filed an i130 for you yet, at present there is about a 6-month wait (assuming they continue to use table B of the visa bulletin for filing aos) between submission of an i130 and when the priority dates becomes current for you can file an i485. If it goes back to table A (though I think that is rare) it is more like 2 years.

When does your husband expect to be able to naturalize?

I came to USA with J1 visa. After that I overstayed. My husband has filed I 130 already . Now pending. I was wondering, what if I 130 approved, what's next?

 

[SusieQQQ]

I came to USA with J1 visa. After that I overstayed. My husband has filed I 130 already . Now pending. I was wondering, what if I 130 approved, what's next?

If you overstayed you cannot adjust status as spouse of green card holder. Overstay is only forgiven for immediate relatives of US citizens (IR category). You can apply for an immigrant visa at a consulate once the I130 is approved and the priority date is current as per table A. If you have a ban you would need to file a waiver to overcome that, if allowed In your particular circumstances.

 

[gbi]

The spouse of a green card holder needs to be in (and have always maintained) valid status in the US to be able to adjust status. You haven’t given details of all past statuses, but I am assuming that if you are in removal proceedings you don’t meet this requirement.
additionally, if he has not filed an i130 for you yet, at present there is about a 6-month wait (assuming they continue to use table B of the visa bulletin for filing aos) between submission of an i130 and when the priority dates becomes current for you can file an i485. If it goes back to table A (though I think that is rare) it is more like 2 y

Why some law office websites mentioning that LPR spouse petition who is in removal proceedings?

 

[SusieQQQ]

Why some law office websites mentioning that LPR spouse petition who is in removal proceedings?

you have a screenshot of an AI summary of something. I have seen those AI summaries be wrong before.

It’s not even the removal proceedings that is the issue, it is the fact that you were out of status. See bars to adjustment in the uscis manual, section F here https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2


An applicant may not be eligible to apply for adjustment of status if one or more bars to adjustment applies.[99]The bars to adjustment of status may apply to applicants who either entered the United States in a particular status or manner, or committed a particular act or violation of immigration law.[100] The table below refers to noncitizens ineligible to apply for adjustment of status, unless otherwise exempt.[101]

Noncitizens Barred from Adjustment of Status

Noncitizen	INA Section	Entries and Periods of Stay to Consider	Exempt from Bar
In Unlawful Immigration Status on the Date the Adjustment Application is Filed OR Who Failed to Continuously Maintain Lawful Status Since Entry into United States[103] OR Who Continues in, or Accepts, Unauthorized Employment Prior to Filing for Adjustment	245(c)(2)[104]	All entries and time periods spent in the United States (departure and return does not remove the ineligibility)[105]	VAWA-based applicants Immediate relatives[106] Certain special immigrants[107] 245(k) eligible[10

 

[kuforite]

I'm currently in removal proceedings based on asylum, I entered with B1 visa, I got married to is citizen after removal proceedings. We already filed I-130 and a recept received. My lawyer has advised that we can file proceed witj filing I-485, which I think it's not suppose to be so. Could you please clarify this ? I'm feeling quite confused. Don't want to waste money and time.

 

[gbi]

If you are in removal proceedings, your i-130 must be approved before filing i-485 . Don't waste your money.