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?
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.
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.
Get free answers from experienced attorneys.
27,012 answers this week
2,868 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary