Garden Grove, CA Immigration Law Firms & Lawyers

There is no one right answer for the question, but we favor married and filing separately if the individual is overseas. Your tax status is in my understanding determined on your marital status at the end of the calendar year. If you were married this year and your spouse is in the US, you should file a joint tax return or file as married filing separately.  For filing jointly, you should be able to work it out so that your spouse files with you with a taxpayer identification number (ITIN). Any of the accounting service should be able to assist you and your spouse with doing that. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

You could try writing to the USCIS Service Center or Field Office that issued the approval, but chances of receiving any reply are not high. If the approval was issued by a Field Office, you could try going there on an InfoPass and talk to an Immigration Officer. If both attempts fail, your attorney can make a request for a copy of your immigration file; it will take months, but you will eventually get a copy of the approval notice.

Answer to your question depends on the details you omitted - - how was the 2009 case closed? Were the charges dismissed, or did he plead guilty? - what other charges does he have on his record? Did any of them result in convictions? If yes, what were the convictions? But, generally, yes, a non-citizen with a criminal record can be deported if the record is bad enough. And yes, you should fight deportation. Because, once he gets deported, many steps that can be taken to help him become impossible.