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Citizen wants to petition for illegal husband

Lancaster, CA |

I am currently 20 years old and my husband is 27. He entered the United States illegally in 2005. We have been married for what is about to be 2 years in December. I actually want to submit the i130. Last year in November he has an accident in which a nail went through his eye. He is actually disable and going through treatment. My question is there any way for him to not have to await his papers outside the United States because he would completely lose the treatment and he can’t see from that eye? I’m also a student that is not working and I know that we need to show income to show that someone is going to be paying for his stuff if he goes out. We are actually surviving off his disability check. He is actually going to go into surgery in the next six months for the reconstruction of his frontal.

how long could the process take we just submitted the petition. how long would it take to get an answer back and also what would be the most amount of time that he would be out

Attorney Answers 4


  1. Best answer

    Entry without inspection renders your husband non-adjustable. If he leaves to go through consular processing he will need a waiver. Humanitarian parole might be a possibility but more facts are needed. Please see a good lawyer.


  2. After the laws passed in 1996 illegal entry makes it impossible for your husband to adjust status in the US. He will have to exit and consular process once the "extreme hardship" waiver you'll file on his behalf will be approved. "Humanitarian" parole is rarely if ever granted and is very fact (and presentation) specific. You'll need a skilled, licensed immigration attorney for all this.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. Unless he qualifies under section 245i of the law, he would have to apply abroad for a green card.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  4. Not really, he would have to leave the country; but if you file and get an I-601A approved before the interview in his home country, he would only be out of the country for about a week at most. From your facts, it looks like you are an ideal candidate for the I-601A waiver. This waiver is required because he entered illegally and lived here illegally for over 1 year. Without the waiver he would have a 10 year bar to enter to US. Waivers are very complicated. Have an Immigration Attorney prepare it for you.

    Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney. If further assistance is needed please feel free to contact me and retain my services.

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