My husband and i are having difficulties getting help we were starting his paper work for his green card and the lawyer suggest that he stay and finish. He is an officer in Brasil and needs to go back to sign off on his job this is urgent we find someone who will be honest with us. My father just passed away and God blessed me with an amazing man and i am terrified of losing him. What should we do?
Without knowing the rest of your facts, I don't know why someone would suggest your husband stay here to complete his immigration process. That could lead to problems if he recently entered on a visitor's visa. Is he in legal status? If he is than he should probably consular process from Brazil. If he has overstayed his visa or entered illegally than it is a different story. Make sure you speak to an attorney who specializes in Immigration and who is a member of the American Immigration Lawyer's Association. The attorney should explain what your different options are and the consequences of each and then you choose what you would like to do. Good Luck.
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I never like seeing a client who is in process leave the U.S. It scares me as they lose the ability to avail themselves of appellate courts and come under discretionary determinations at the border when trying to reenter. I usually advise clients to remain until the matter is complete, but I'm also very conservative on keeping families together and obtaining their benefits as quickly as possible.
2 lawyers agree
Did your spouse overstay his visa. If he overstayed for more than 180 days and leaves and tries to return he will be barred from returning for 3 years. If he overstayed for more than an year and leaves and tries to return he will be barred from returning for 10 years. I don't know all the facts or the attorney you claim to be working with but just because the attorney does not tell you what you want to hear does not mean they are being dishonest. In fact it is usually the opposite, the dishonest ones tend to tell you how easy everything will be, etc. I would get another opinion because you don't provide enough info to answer your question online.
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
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I am sorry to hear of your father's passing. There could be any number of legitimate reasons your attorney suggested your husband stay and finish the paperwork here- he could be an overstay, the vagaries of consular processing... if you have unanswered questions, schedule a consultation with another attorney or two. Unfortunately you have not provided enough information here to advise you on what to do.
Samuel Ouya Maina, Esq. 415.391.6612 email@example.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104