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Can my husband adjust his status?

Dallas, TX |

My husband came to the us with a visa and i94 overstayed for 7 yrs then we voluntarily moved back to mx in 2008. In 2010 he crossed the board with his valid visa (the visa expired in oct 2010). He crossed legally about 7 times until stopped by immigration where they investigated his visa and canceled due to the previous overstay. He was not deported and wa told he could apply for another visa. But I want to fix his papers will I be able to?? I am a us citizen we have been married since 2005 and have 3 children. He has never been deported or crossed illegally. He has no criminal history.

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Attorney answers 3

Posted

You should hire an attorney to find out exactly what happened when his visa was cancelled. He might be able to immigrate but will need to apply for waivers. Speak to an experienced immigration attorney soon.

Asker

Posted

When I went to immigration at the border where they took his visa I was told they had no record of what happened and they asked for the paperwork my husband was given. He wasn't given any paperwork so the officer told me its like a slap on the hand, a don't do it again you can get him another visa. I spoke to a lawyer (I think it was really an assist) who told me since my husband crossed after receiving a 10 year bar for the overstay and returning to Mexico ...that since he crossed with his visa he has a permenant bar and will not be able to ever get his residency.

Posted

Possibly. His unlawful presence may likely be an issue. Depending on the facts a waiver may be available. Do consult an experience immigration attorney for assistance.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

Posted

It depends on exactly what his immigration history is.

You really should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Asker

Posted

We went back to the immigration office where is visa was canceled 2 different times. Both times we were told he was not deported his visa was just canceled. We were told by the immigration officers we shouldn't have a problem getting his papers. When they took his visa they didn't give him any type of paperwork.