I've been married to my husband, who happens to be illegal, for 4 years we have 2 children. he has been here in the US for about 8 years. he has no criminal record and he has not been caught here. do you think he qualifies for the new law that will begin on March 2013
If you are a U.S. citizen and you petition for your husband to get his residence card, he may qualify to apply for the new "provisional waiver" process that starts in March 2013. It is not a new law exactly, but rather a new way to ask for the waiver your husband will need for having been in the U.S. without documents for so long. Because of your husband's unlawful presence, he will be barred for 10 years from coming back to the U.S. when he leaves to complete the application process in his home country. To not get this 10-year bar, he'll have to prove that you would suffer extreme and unusual hardship if he was not able to come back. Starting in March 2013, he can ask for a decision on the waiver here, before he leaves the country. He'll still have to leave the U.S. to finish the process, but the idea is that he hopefully won't have to stay over there very long if they approve his waiver. Waivers are difficult, but not impossible. There is no guarantee that the waiver will be approved, but an experienced immigration attorney can help you figure out what documents and information you can use in the waiver to show the immigration officer how much you would suffer if your husband is not allowed to come back.
If you are not a U.S. citizen, your husband will not be able to apply for the waiver here under the new rules. Also, if he has any other immigration problems besides the unlawful presence, he also may not be able to apply under the new rules. In a case like yours, it's very important to talk to an immigration lawyer before you get started.
If you are a US citizen and he has an approved I-130, he might be able to get a provisional waiver.
If you mean the provision waiver, he may qualify under certain circumstances to waive unlawful presence here in the US without leaving his family. If he is married to a USC/LPR, he can get a visa and adjust status accordingly. This is a complex process and requires an experienced immigration attorney.
Hire a lawyer to protect your legal rights.
Jeffrey J. Estrella, Esq.
Licensed Attorney and Counsellor At Law/Abogado y Licensiado
Licensed in New York, New Jersey, and Connecticut
The Estrella Law Firm, P.C.
75-20 Astoria Boulevard, Suite 170
Inside The Bulova Corporate Center
Jackson Heights, NY 11370
T. (347) 628-2391
F. (718) 672-4728
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