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Does my husband qualify to get the residence card? if yes how long would it take??

San Benito, TX |

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

Attorney Answers 4


  1. There is no new law.

    There is a new 'program' ... using an old law ... that he might qualify for.

    Meet with an attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. If you are a US citizen and he has an approved I-130, he might be able to get a provisional waiver.

    http://engnishimura.com/immigrant-visas/family-based-petitions/provisional-waivers

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. 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
    E. Estrella.Jeffrey@gmail.com
    www.EstrellaLawyer.com

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- 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 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com


  4. 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.

    The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.

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