(FOX NEWS) — Undocumented Mexican immigrant Alfonso Garcia, who married a U.S. man – Brian Willingham – in New York in 2011, this week will attend a hearing to try and halt his deportation while he pursues a petition for legal residence based on his matrimonial union.

Willingham, a 37-year-old Missouri native, and Garcia, 35, have been together for more than a decade.

At the hearing on Thursday in the U.S. Immigration Court in San Francisco, the couple’s attorney, Lavi Soloway, will ask that the deportation proceedings be deferred in accord with the request for legal residence that Willingham presented for Garcia due to their marriage and which is still pending.

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