I am a natural born US citizen. We are legally married and have a two year old daughter. He entered the US 6 years ago illegally. He has never been deported or applied for any visas or green cards. He has never been in legal trouble
Yes, you can help him become legal. But, because of his 6+ years of unlawful presence in the US, he will be required to leave the US to get his visa. Talk to an immigration attorney to make sure you do things correctly.
www.capriotti.com -- [email protected] -- Senior Legal Counsel -- Capriotti International Law -- Legal disclaimer: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship. Contact the American Immigration Lawyers Association www.aila.org for a referral to an experienced immigration attorney.
Currently, due to his unlawful presence, your husband would have to leave the US and undergo consular processing abroad. The trick is, that once he leaves the country, he will trigger a bar, which will prevent him from coming back for 10 years. However, due to his marriage to a US citizen, he is eligible to ask the consulate for forgiveness based on the hardship that this separation would cause you, the US citizen spouse. This is a rather complicated process and you definitely need the help of an attorney BEFORE your husband leaves, to make sure you have everything prepared to maximize your chances at obtaining this waiver.
However, since there is no guarantee that the relief will be granted, I would advise you to wait, because on Jan. 6, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a notice of intent in the Federal Register outlining its plan to reduce the time that U.S. citizens are separated from their spouses and children under certain circumstances while those family members go through the process of becoming legal immigrants to the United States. This change in law will allow Immediate Relatives of U.S. Citizens (such as your husband) to file and have I-601 Waiver Applications adjudicated in U.S. before they decide to interview overseas for immigration. For more information on this go to http://www.immigrationinamerica.com/news.html
Edyta-Christina Grzybowska-Grant, Esq.
Immigration in America
1600 G Street, Bakersfield, CA 93301
P: (661) 735-7740
P: (888) 221-9888
F: (866) 302-6375
You will need to petition your dad. He will need to apply for waivers, and will need to process for the green card abroad after the waivers are granted.
You need to retain an experienced immigration lawyer to review all the facts and handle the case.
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.
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