hello i have a pending petition by my us citizen sister my priority date is 1997 im mexican...i know that my husband can benefit from this petition as well but he was sent back to mex 2 times at an immigration check point and came back to the us hes been here since..that happened 10 yrs ago will he be able to benefit from my petition?? will he have any problems??? he has no other criminal record thanx in advance :)
Much depends on the specifics of how he was "sent back." Consult with an attorney as your husband may be subject to a permanent bar.
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
An approved I-130 does not allow a beneficiary to remain in the United States while the petition is pending. If your husband was deported or subject to an expedited removal, then he might not be eligible to adjust status in the USA, even with the petition dating back to 1997. Everything depends on all of the specific details of your husband's history of immigration and crimes (if any). You need to consult in person with an experienced immigration attorney and go over all details in order to determine what, if anything, is possible.
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I agree with my colleagues.
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