As my colleague has suggested --this is a complex matter.
There is a proposed rule, introduced by the Obama administration which might allow people in your husband's situation to apply for a provisional waiver while still in the United States. This rule is still at the proposal stage of the rule making process and it is unclear how long it would take for it to be approved. Also, it is unclear at the present time exactly who would be covered under this rule, and the implications of a denied provisional waiver. The idea of this rule is to prevent the covered families from having to be separated which is the present procedure for waiver application and adjudication. Please consult an immigration attorney to see what options exist for you and what their chances are of success.
.Debbi Klopman, ESq.
398 Bergen Street
Brooklyn, NY 11217
718 622 1208
This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship
Debbi Klopman, ESq. 398 Bergen Street Brooklyn, NY 11217 www.debbiklopmanlawoffice.com firstname.lastname@example.org 718 622 1208 This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship
You should consult with an immigration attorney to determine whether you qualify to sponsor him for permanent residency. These cases can be complex and your husband may or may not be eligible to adjust his status from inside the United States.
Speak with an attorney to see if he qualifies for anything.
LEGAL DISCLAIMER: The answer(s) given are only to be deemed general in nature as all of the facts of your case were not provided and thoroughly reviewed. Any answers are NOT to be deemed as attorney advice as a full legal opinion can NOT be provided at this time without a complete analysis of all of the facts regarding your particular matter. Any and all statements provided do NOT in any way create any type of attorney/client relationship.
It depends on your status, how he entered the US, whether he qualifies for 245(i), his immigration history, and his criminal history, if any.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
J Charles Ferrari Eng & Nishimura 213.622.2255 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.