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.
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.
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.
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