If he is under and Order of Supervision because of an existing removal order, he will not be able to adjust his status based on his marriage to you state side. He will need waivers or to have the previous case reopened. You ABSOLUTELY need an attorney!
If your current attorney is "of no help" you should meet with other attorneys for second and third opinions and advice on how best to proceed. It will be a difficult road, as I am sure you are finding out, but at least you may get concrete answers
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
Your situation sounds very difficult. If your attorney is not meeting your needs, you may want to get a new one.
This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client relationship. For more information, please visit www.justinelderlaw.com.
If your attorney can't handle it, get a new one.
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Your situation is extremely complicated. If your husband cannot prove that his first marriage was not a sham, then he cannot be the beneficiary of a new I-130 petition. Subject to certain exceptions, having a final order of removal will prevent him from adjusting his status. You need an attorney who is experience with these types of situations and you need one fast.
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