Hello, I have a couple of questions. How can I go about fixing my husbands legal status? I know I should get a lawyer but I've heard there's different way to do so, like filing everything myself???
We have been together for five years, married for one, have a four year daughter. He has been in the US for 10 years now, came here illegally. Has never been in any trouble what so ever, and this will be his first year filing taxes (if that has anything to do with it..). I want to start the process ASAP so any help or advice I can get will be highly appreciated! thanks in advanced..
You are correct that you need to visit with an attorney. You will need to file a petition for him and then go through what is called the 601 or ten year bar waiver process. If that all works, then the case is processed through the Department of State to the US consulate. This all takes about 18 months or so.
Complex situation. Start by filing an I-130 visa petition for him. Once it is approved, submit an I-601A provisional waiver based on "extreme hardship". If the petition and the waiver are approved, he will scheduled for a green card interview in his country.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
You can start by filing the FORM I-130 with USCIS. After approval of the relative petition, the case will be routed to the NVC. After payment of dues to the NVC , your spouse will have to file the FORM I-601A with USCIS. After the waiver request is approved, then the case can be forwarded by NVC to the U.S. consulate in the home country.
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