He will have to go back to Mexico eventually unless he is 245i eligible. If the 130 is approved then you can file for a 601A and get a decision on his waiver prior to completion of the NVC stage of the process. If his only issue is that he came here without inspection and does not have any criminal record and you have a solid extreme hardship case, then the 691A may be the way to go. Without knowing his complete immigration and criminal history or your particular circumstances it is impossible to say more. If he entered prior to his 16th birthday and was under the age of 31 in June of last year and has continuously resided in the US since June of 2007 and has graduated high school, received his GED or is currently enrolled in school he may be eligible for another form of relief. Contact an experienced immigration attorney and apprise them of your situation for a more detailed analysis of your case. Good luck!
The answer provided is general in nature and should not be construed as legal advice as not all facts are know by the attorney, nor does the answering of this question create an attorney client relationship.
You can do so if your husband qualifies to adjust his status in the US under section 245i of the law.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His 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.
No two immigration cases are the same. Due to the complexity of what you would like to accomplish, I would recommend speaking with an attorney regarding the rest of the details of the case. There are some steps that you may be able to take that would shorten the length of time in Juarez even if it is ultimately necessary to travel. My office is local if you would like to come by, just call for a free consultation.
This advice is general in nature and is not intended to create an attorney client relationship.