You should also find out if anyone ever petitioned him (or his parents when he was under 21 years old). He may be covered under a law commonly known as 245i. See an experienced immigration attorney who can advise you on that. There are other ways to qualify as well such as if he had a previous marriage and a petition was filed for his ex-wife. There are filing dates to meet in order to be qualified but it is worth looking into. If he does not qualify under such as law, he can then consider a consular process but he will require a waiver for his prior unlawful presence.
Lisa Michelle Anderson Los Angeles Immigration Attorney
Posted over 13 years ago.
You should also find out if anyone ever petitioned him (or his parents when he was under 21 years old). He may be covered under a law commonly known as 245i. See an experienced immigration attorney who can advise you on that. There are other ways to qualify as well such as if he had a previous marriage and a petition was filed for his ex-wife. There are filing dates to meet in order to be qualified but it is worth looking into. If he does not qualify under such as law, he can then consider a consular process but he will require a waiver for his prior unlawful presence.