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If the I-130 was approved does the illegal alien have to go back to his/her country of origin to complete adjustment

Asked about 3 years ago - Astoria, NY

My husband entered the US without a visa on 9/2005. We married on 10/2007 & now have a baby girl. I filed the I-130 on 1/2008 which has been approved & sent to NVC with Albania as the country of liability. My husband has NOT been to Albania in over 18 years, however does not have legal residence in any other country. Because we have 6 month old to care for it would be devastating for him to travel back to Albania to obtain his visa. Especially because we've been told by people with the same situation, whomever went to Albania to wait for a visa, have been waiting for over 6 months. We cannot afford this because we have a small child. What are our options?

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Attorney answers (1)

Philip Alan Eichorn

Reputation Level 17

Answered about 3 years ago. Immigration Attorney in Cleveland, OH.

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If your husband entered the U.S. without inspection within the past seven years, he is ineligible to adjust his status. The only avenue for him is to go to Albania and apply for his visa to reenter. However, he must fully disclose his immigration history and based on his transgression and his unlawful presence for the past couple of years, he will need a waiver for these actions. The standard of proof is "extreme hardship" to a U.S. citizen spouse or parent.

You should consult with an immigration attorney who is skilled in consular processing and waivers.

www.eichorn-law.com

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