Help for my husband who is in the country illegally.

Asked about 2 years ago - Houston, TX

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!

Attorney answers (4)

  1. Thomas Esparza Jr.

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . he might be eligible for the new dream act initiatave by USCIS. go see adan vega or bruce coane of houston the two best immitgration attorneys in town.

    The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A... more
  2. Neil Ian Fleischer

    Contributor Level 20

    3

    Lawyers agree

    Answered . FBI report will be better than a FOIA, but both will be helpful

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  3. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . Your question is too complex and case specific for it to be answered meaningfully on Avvo.

    You need to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Mauricio Adonay Herrera

    Pro

    Contributor Level 9

    3

    Lawyers agree

    Answered . 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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