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! :)
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.
Otis C. Landerholm, Esq.
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.
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