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After filling i-130 and husband already in the US after enter illegally, do he have to go back to México? If he do how long?

Van Buren, AR |

He imigrate in 2000 got cough once we been married for 3 yrs with a 2yrld son im a Us citizen

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Filed under: Immigration
Attorney answers 5

Posted

Yes, he may or may not be eligible for provisional waiver. See an immigration attorney for more specific consultation.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Posted

You should meet with an immigration attorney to discuss your case in detail. His prior instance of getting caught will be an issue since that means he probably attempted to enter at least two times..

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

Asker

Posted

He was 15 yr old when he got cought does that count sence he was under age

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

Every time you get caught "counts." So much depends on what he may or may not have said at the time and what the actual encounter was. I would really suggest you hire an attorney to review his case.

Asker

Posted

They only ask for his name and took his finger trough a red light probably finger print.

Asker

Posted

We meet with a immigration attorney and he told us we should wait for a immigration reform other wise if we get the i130 and a weiver they're gonna be like "we cought once why is he still in the US" and that they could get the address from previous application and ICE will come and get him is that possible?? Or give him an appoiment and find out he try to get in twise n leave him in mexico

Posted

he will need to you to seek a waiver for him.

Asker

Posted

We meet with a immigration attorney and he told us we should wait for a immigration reform other wise if we get the i130 and a weiver they're gonna be like "we cought once why is he still in the US" and that they could get the address from previous application and ICE will come and get him is that possible?? Or give him an appoiment and find out he try to get in twise n leave him in mexico

Posted

I agree with my colleagues ... meet with an attorney and talk about the provisional waiver.

Many of us do this type of consultation via Skype, so location isn't an issue.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Posted

Definitely need to consult with an attorney. App depends on his record.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

Asker

Posted

He does not have any criminal records

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