It depends on various factors. The first thing that you have to do is sit down with a lawyer who has handled both asylum and family immigration matters extensively to figure it out. There are many issues to go over.
Your case requires more details to give an accurate answer, especially about eligibility.
You should consult with an experienced professional who concentrates in immigration cases to determine how to best resolve this matter.
Thanks very much
Harlan York, Esq. 973.642.1111
1. Get a top criminal defense attorney now. 2. Consult with an experienced immigration lawyer who understands the consequences of your police problems. A DUI may trigger a visit from Immigration & Customs Enforcement, possible detention and a deportation hearing. It happens often, here in New Jersey.
Harlan York 973.642.1111
The lack of details about his previous case in the court are troublesome. The best thing to do is review the matter with a top immigration lawyer to ensure that this court case is not a problem that can result in denial of citizenship and Worst case scenario, a deportation case being started.
You have to see an immigration attorney significantly experienced in dealing with the effect of crime on immigration status, to review your complete history including how long you have lived in the US and your arrest / conviction record. Do not go near any airports or federal buildings until you get this consultation. I have been advising immigrants on this issue for many years.
The sibling provision - to which you refer - was part of the Senate bill that passed earlier this year. However the House has not done anything. It was merely included in the proposed changes to the Immigration Act.
If an Immigration Judge signed an order of removal (deportation), then your husband would need to have the case reopened to file any applications for permanent residence. This is very difficult in most cases.
If your husband leaves the country, he would not need to move to reopen but would likely require waivers of unlawful presence and re-entry after deportation.
Employment based immigration is not generally advised as he would need a qualifying relative for the waiver (typically a...
You have to wait. But review the law as available online if you want more information. On my site www.ImmigrationLawNJ.com there are videos and links to my YouTube channel which include the topic of U visas. You can locate more including a free 60 minute lecture I did on U visas on lawline.com too. Thanks. You are the beneficiary of a very important form of relief.