I am a USC and our attorney has paper work ready (I485) ready to send off for my husband. She is giving us a 50/50 chance.

Asked about 1 year ago - Dallas, TX

My husband entered through border patrol in Laredo, TX when he was 13 with a USC women in a car. Never said anything and was never questioned. He has never been deported or comitted crimes. Graduated high school here and we have 2 children with one on the way. Our attorney is only giving him a 50/50 chance that our application will be approved. Since he entered with border patrol permission do we have a greater chance he will get his green card?

Attorney answers (3)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . Impossible to predict and give a meaningful answer just based on the few sentences I read here. Your attorney, who, I hope, is eminently familiar with the facts of the case is in the best position to answer this. Not us here. That being said, the approval of a "waived through" case like you described will ultimately depend a great deal on the credibility of the documentary evidence presented (personal declarations from the individuals who witnessed before, during and after your husband's entry, details of the car, etc. ) , as well as husband's own declaration, and most importantly, husband's credibility as a witness during some very tough questioning at the upcoming USCIS interview and also, of course, the local policies the USCIS district where the interview will take place.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. John Grayson Davidson

    Pro

    Contributor Level 17

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    Answered . You should read about "Matter of Quilantan." Perhaps your attorney is going for a Quilantan adjustment. The most basic question in the case was, " Does someone who was never questioned at the border considered to have been inspected?" ( They must have been in plain sight and available to be inspected) there's more to it, but that's the quick version.

    Free Consultation Anywhere in USA | 626-399-4194 |ICannHelpYouNow.com | John1Davidson@gmail.com
  3. Fernanda Nunes Hottle

    Pro

    Contributor Level 14

    2

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    Answered . Your attorney would be the best person to answer your question, since she knows all the facts of the case. Ask her detailed questions and have her explain her strategy in a way your can understand. Good luck.

    [This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client... more

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