My friend took voluntsry departure after denied TPS application. He is from Honduras. Order of deportation on February 2010. He is married to US citizen who recently diagnosed with terminal breast cancer. He never departed the USA. They have 4 US citizen children and has lost his job a month ago therefore has no medical insurance for wife. Can they file I-130 and work permit? He entered illegally about 22 years ago. Thanks for any help. They have tried lawyers and have spent alot of money now fearful to seek advice.
Why did he take voluntary departure if he didn't plan to depart? Not departing means he now has an order of deportation against him.
Why was his TPS denied?
They can of course file I-130 if they haven't done so, but a pending or approved I-130 doesn't allow him to stay in or work in the US. Only a pending I-485 (Adjustment of Status) would allow him to stay in the US and to apply for an EAD. And he isn't eligible for Adjustment of Status because he entered illegally (there are some exceptions for people who were beneficiaries of an immigrant petition filed before 2001, but I assume that the lawyers looked over that and would have filed AOS with the immigration court if he were eligible). On the other hand, leaving the US to do Consular Processing abroad would leave him stuck abroad for maybe 10 years due to bans. Maybe he could have applied for Cancellation of Removal in immigration court based on hardship to his wife (again, I assume the lawyers would have done it if possible), but I am not sure he can still do it now that he has been ordered deported.
For his wife's insurance, she can get Medicaid or Obamacare with subsidies, depending on how low their income is. But life is still going to suck for them if they don't have income.