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My husband got approved on his I-130 petition. What now? Will he have to leave the country?

Houston, TX |

My husbands I-130 petition has been approved he came in illegally when he was 1 month and has been here since then. Will he have to leave the country? He is from Mexico and I am not sure what happens now. This whole new dream act policy that passed will that help us? He is a high school graduate and attending college. If he goes out of the country how long will he have to be out!? If you are a lawyer in Houston please put your information I NEED one!

Attorney Answers 3


You are very wise to contact an experienced immigration attorney before you make a decision. Your husband may qualify for the new policy when it goes into effect but he may be better of to go another route - you will need to wait and see what the final policy is when it is implemented.

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For someone to adjust their status without leaving the U.S., he or she must have a legal entry and must not have accrued more than 180 day of unlawful presence. Otherwise he or she will have to consular process, i.e. leave the country. The immigration policy implemented on June 15, 2012 of Deferred Action could help in the sense that your husband would not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, but it will not erase his prior unlawful presence or unlawful entry. It could also allow him to get a work permit. However, it would not change his ineligibility to adjust his status without leaving the U.S. The problem is that if he does leave the country, he would be subject to a bar preventing him from reentering the country for 10 years. There are waivers for this bar, but it is a difficult standard to meet. Do discuss your case with a lawyer to evaluate any remedies you may have. (714) 871-4529 (714) U.S. 1 - 4 LAW The statement above is general in nature and does not constitute legal advice, 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. Answers on Avvo are only general answers, as specific answers would require knowledge of all the facts. As such, they are not comprehensive and may or may not apply to the question.

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I agree that you should explore with an immigration attorney the details of the I-130 Petition which could lead to permanent residence for your husband. The new policy is a separate temporary option that may help if the permanent solution does not work.

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