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Husband is trying to file I-130 but he doesn't have a job and he's facing criminal charges; so can he still file the form?

Fairfax, VA |

married since july 2010. have a child together whose 8 months, he was born in argentina. i'm currently living in Argentina with our child. trying to do paperwork so our son and i can return to the u.s.a. husband is u.s. citizen age 22 years as am i.

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Attorney answers 4

Posted

You and your husband are USCs? When did you become citizens? Your child may have been born a USC if either one of you were USCs at the time of your child's birth. If that is the case, then there is no need to file an I-130, rather you would file for a certificate of birth abroad.

The answer provided is general in nature and should not be construed as legal advice as not all facts are know by the attorney, nor does the answering of this question create an attorney client relationship.

Asker

Posted

my husband is U.S. citizen since birth but i'm not lived in U.S. since i was 10yrs and left after i turned 21yrs for personal issues

Pablo Husayn Nossa

Pablo Husayn Nossa

Posted

So you are both USCs? Based on your facts, it seems like there is No need for an I-130. Consult a qualified immigration attorney.

Asker

Posted

went to u.s. with a waiver visa and stayed. had no resident card or any other stuff

Pablo Husayn Nossa

Pablo Husayn Nossa

Posted

How long have you been outside the US? You may need a waiver for your unlawful presence, if you accrued any during that time.

Asker

Posted

1 year and 1 month

Pablo Husayn Nossa

Pablo Husayn Nossa

Posted

I suggest you consult with an immigration attorney. If you were not a permanent resident or a citizen and you overstayed your visa, then you will need eventually need a waiver to overcome your inadmissibility due to unlawful presence.

Asker

Posted

thanks for your advice

Posted

He can file an I-130 for your and your child. It is your character that is an issue in immigration proceedings, not his.

Please click the link at the very bottom for additional information.

---------
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
https://shusterman.com/intake-secure.html
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Asker

Posted

So it doesn't matter that he is facing criminal charges and doesn't have a job at the time he files the form

Posted

Anyone can file a form. Your question likely is whether the visa petition (I-130) will be approved. At the I-130 stage the question is the relationship between the parties, and in the case of the marriage, evidence that it is bona fide and not merely for immigration purposes. However, since you are outside the country, the subsequent consular process will require an Affidavit of Support from your husband to demonstrate that he can support you. If he is convicted and & incarcerated, he will be unable to get a job and provide the required financial evidence. You need to strategize with an immigration attorney and your husband needs a good criminal defense attorney to assure that your immigration will be successfully completed.

The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.

Asker

Posted

thank you for your advice

Posted

Issues to discuss with your attorney: whether the Adam Walsh Act applies here; whether the child is already a U.S. citizen and how to apply for a CRBA; affidavit of support requirements in regards to the financial issues. Best of luck.

Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance -- Khurgel Immigration Law Firm -- Representing Clients in all 50 States and Worldwide / 4199 Campus Drive, Suite 550 / Irvine, CA 92612 / Office: (949) 509-6515 / Direct: (949) 535-6331 / Web: www.khurgel.com / Email: info@khurgel.com / Attorney Khurgel is a former USCIS and Department of State Embassy Officer.

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