My husband came to the United States at the age of 16. He is 30 now. In 2003 he was arrested for trying to obtain a drivers license. He was offered voluntary departure instead of deportation and returned to Mexico. Two weeks later he returned to the United States. In 2005 we were married. I am an American Citizen and we have three daughters who are all American Citizens. He has not been in any trouble since then, only one traffic ticket. Is there any hope for us to change his status without him having to leave the country? One lawyer told us we need an FBI rap sheet to find out exactly what is in his file. How do I go about getting an FBI rap sheet or privacy act and will that call attention to him being here illegally? Also, do I ask for a rap sheet or an FOIA? Confused!
In order to obtain legal status in the United States through your marriage, he would need a legal entry into the U.S. However, if he is placed in removal proceedings, there may be some relief available to him. If he leaves the U.S. either voluntarily or through any other means, he would be barred for 10 years from returning to the U.S. There is no waiver for this barr. You should consider having a consultation with an experienced immigration attorney before you decide to any anything.
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