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Should I hire a lawyer? and what do I do next?

Hopewell Junction, NY |

I've already sent the I-130 petition, G-325 A, and W-7 form (for tax ID#)..My husband entered the country illegally almost 4 years ago. We lost our daughter almost 2 years ago at 8 months and now have another child on the way..I've received mail back already but am just slightly confused as to what I do next to give him U.S citizenship and to keep him with me. I am a U.S citizen. Should I hire a lawyer or just wait for the responses for my Petition and his tax ID# in the mail? What do I do?

Does his age give us some type of leverage? I am 23 he is 24 but entered at 20?

Attorney Answers 4


  1. The tax ID# is something separate from your immigration petition and not really part of the case. The next step will be to wait for the I-130 approval. Then you will start getting mail about next steps to process your husband's application. It sounds like he will have to finish the process in his home country, since he entered the country illegally. He will need a waiver for the years he was here unlawfully. Because you're a U.S. citizen, he may qualify for the new provisional waiver rules that start in March. Under those rules, he will be able to submit the waiver before he leaves the country. If they approve it, then hopefully he won't have to be out of the country very long. If all of this process goes well, he will be able to come back and get his green card. After that, it'll be 3 years before he can get his U.S. citizenship. I strongly recommend you talk to an immigration attorney as soon as possible if you aren't already using one. The waiver process is very difficult, and there is no guarantee that they will approve it. A lawyer will be able to help you prepare your best possible application.

    The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.


  2. First and foremost, my condolences to your family. My colleague is correct, your husband will need a waiver. it is a difficult process and you will have to show extreme hardship (and even though you have been through a lot, hardship is very tricky to show). I strongly suggest that you start working with an experienced attorney to help you complete the process. Also, you are helping him get his green card and not citizenship. One must first become a green card holder and only then they can file for citizenship.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  3. Yes you shoulod have a qualified Immigration Attorney assist you as we are more familiar with the process. Many, such as myself, will even do telephone consultations if you like. Call one of us to help you. Good luck.

    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.


  4. If your spouse entered illegally he will require a waiver. Assuming you don't know how to prepare an application for a waiver, you will need an attorney. My firm handles these cases in NY. You can follow the link below for more information on the waiver.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    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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