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How to get a pardon from immigration for illegally entering the country?

Monterey, CA |
Filed under: Immigrant visas

my husband entered illegally to the country in 1999, and he whant to know,how to get a pardon from immigration when he do immigration adjustment.

Attorney Answers 2


  1. The ability of your husband to adjust status in the US will depend on several factors.
    If those factors are not in his favour then his option is to leave the US and seek immigrant visa in his US consulate in his country.
    Unfortunately this will subject him to a bar on re-entry and based on the length of the period of his unlawful presence in the U.S.
    One of such factors is but not limited to his ability to rely and benefit from on a previously filed petition by a family member or an employer on his behalf or a previously filed petition for his parents which list him as a child on the petition. It is not necessary for any of the petitions to have been approved, it could even have been denied, as long as it was “approvable when filed", he can rely on it. The important requirement is that it had to have been filed on or before 30 April 2001.
    You are advised to contact an immigration lawyer to discuss the case and find a way forward.
    You are certainly welcome to contact me via the link provided below to discuss your case.
    Good luck.


  2. Good Afternoon,

    I see you are located near Salinas as we are. Your husband might not even need a waiver if he is 245i eligible. In order to be 245i eligible and be able to pay a penalty fee to complete adjustment of status from within the U.S., and thereby avoid the 10 year bar he could be subjected to he would have had to have an approvable family based or employment based case filed on his behalf, or as a derivative beneficiary, prior to April 30, 2001 and would have to show presence in the U.S. as well.

    If 245i is not available then a waiver would have to be prepared and the potential success rate of such a waiver would depend on a number of factors. I recommend getting in touch with an immigration attorney to evaluate your specific situation.

    Hendrik Pretorius
    Pretorius Law Firm
    307 Main St. Suite 210
    Salinas, CA 93901
    hp@pretoriuslaw.com

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