WHAT FORMS DO I NEED TO FILE FOR MY HUSBAND THAT IS ILLEGALLY IN THE US?

Asked over 1 year ago - Anaheim, CA

MY HUSBAND WAS BROUGHT TO THE US (FROM MEXICO) BY HIS MOTHER WHEN HE WAS 5 YEARS OLD. HE IS NOW 31 YEARS OLD. HE HAS NEVER LEFT THE COUNTRY. HAS NO CRIMINAL RECORD. I NEED TO KNOW WHAT FORMS WE NEED AND HOW DO WE GO ABOUT THE PROCESS?

THANK YOU TO ALL WHO ANSWER! :)

Additional information

HIS MOTHER BROUGHT HIM IN ILLEGALLY, WITHOUT INSPECTION. SHE IS ALSO AN IMMIGRANT.

Attorney answers (6)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

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    Answered . Start with an I-130 petition. Then, if he is eligible, your husband can submit an I-601A waiver.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Giacomo Jacques Behar

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    Contributor Level 20

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    Answered . Begin by filing Form I-130 and seek the help of a competent immigration lawyer to assist up with both the USCIS and consular immigrant visa application, and most importantly with extreme hardship waiver you'll need to file on your husband's behalf.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Alfredo Lozano

    Pro

    Contributor Level 8

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    Answered . Your question requires more background information so you can receive a better/correct answer. How did he come in? Is mother a USC? , etc..... I highly recommend you consult an attorney who will ask you all the necessary questions and give you the correct answer.

  4. Otis Carl Landerholm

    Pro

    Contributor Level 13

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    Answered . i agree with my colleagues. Hire a lawyer you trust to walk you through the process - it is incredibly complicated and risky to navigate it on your own. If there was ever a petition filed for him by anyone before April 30, 2001, he may be eligible to "adjust" his status here in the US. Otherwise, it is likely that he will need to "consular process" his green card application. If so, start with the I-130 (the petition) and then use the new provisional hardship waiver on form I-601A so he can waive his unlawful presence before he exits the US. Then he will need to schedule an interview at the US consulate in Ciudad Juarez. If all goes well at the interview, he'll be given a stamp in his passport and allowed to reenter the US as a permanent resident.

    Good luck.

    Otis C. Landerholm, Esq.
    www.LanderholmLawOffice.com

  5. Perry Sai-On Chan

    Contributor Level 6

    16

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    Answered . I agree with other lawyers. If you are a US citizen, starts with an I-130 petition and then I-601A waiver.

    Another thing that is worth mentioning is that he might be qualified for deferred action since he is only 31 years old. Deferred action is independent from the I-130 petition, he can apply for deferred action at the same time.

    Find an experienced lawyer to help you with that.

  6. Samuel Patrick Ouya Maina

    Contributor Level 19

    14

    Lawyers agree

    Answered . You can file I130 and I601a waiver. You may also want to explore whether he is eligible for DACA, given his current age and his age at entry.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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