As long as you are a US citizen and your husband entered the country on a visa you should be able to file for his green card. It is best to consult an attorney to help you prepare the paperwork.
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There is no way around it. If you and your husband are serious about fixing your husband's situation, then you do need to retain a local immigration attorney experienced in waivers and start the process. These are complex cases and don't come cheap, as they will involve many, many hours if creative attorney time. The more you procrastinate, the more difficult and expensive it will become. The choice is yours.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
There are several lawyers out there who could help you so don't give up. Continue to ask around. A thorough intake process is important to make sure that you receive the right advice.
Madrid Crost Law Group - (888) 466-4478; e-mail: email@example.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.
You can begin the process, no problem. Try to find a low income clinic in your area. I'm sure there is one in the Austin area.
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There is an immigration clinic associated with the University of Texas at Austin. You can check with them to see if they can take your case. In any case, you should talk with an attorney prior to filing for your husband.
You should be able to start. You should discuss whether he can adjust in the U.S. or if he will have to Consular Process as well as whether a waiver is necessary.
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