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How long would my husband have to leave the country if I was to petition him for his permanent residence

Huntington Park, CA |

Im a US citizen we have one child together he has 2 other children from past relationships. He entered illegally in 1996 he is from Mexico and has not been back there since then

Attorney Answers 2


  1. Have any immigration papers (i-130 or Labor certification) ever ben filed by him through a family member or employer?

    If so, he may not have to leave country IF those papers were filed before April 20, 2001.

    If this is the case please contact me

    Note: The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client.

    Best regards, Neil
    Neil L Fleischer
    The Fleischer Law Firm, LLC
    917 Main Street
    Cincinnati, Ohio 45202-1314
    Direct telephone: 513 977 4209
    Law office telephone: 513 977 4200
    Email: nfleischer@immigrate2usa.com
    WEB page: immigrate2usa.com
    http://immigrate2usa.blogspot com


  2. If he is not 245i eligible because no immigrant petition was filed for him before April 30, 2001, he would have to apply for his lawful permanent residence through the U.S. consulate in Mexico. He would need to apply for a waiver of his unlawful presence and demonstrate that his U.S./Lawful permanent resident spouse or parent would suffer extreme hardship if he was not allowed to return to the United States. These are complex cases and require the assistance of an attorney. Please feel free to contact me for a consultation.
    Seeta L. Nangia, Esq.
    Exclusively Practicing Immigration Law
    Phone: (415) 273-9123
    Email: seeta@nangialaw.com
    Website: www.nangialaw.com