Although you state that you are willing to take the "risk" by filing, I am not sure you clearly comprehend what that means. Your husband is simply NOT ELIGIBLE to adjust his status in the US (unless there are some hidden details in his background that you did not include). He is not eligible for work authorization even though he is married to a US Citizen and has 3 children.
What happens in these types of cases is that the USCIS will not only deny the petitions but more likely than not commence removal/deportation proceedings.
Since you are already looking for an attorney, I suggest that you wait until you find one before taking the next step.
You would be wasting the money by filing an I-485. Your husband IS NOT ELIGIBLE TO ADJUST in the U.S. based on the information you provided. You can look at cancellation of removal in Court but those odds are not good as well. This board cannot provide you with a long analysis of the case. Thats what a qualified lawyer is for.
Attorney West is correct, DO NOT FILE ... he is not eligible for the I-485.
Talk to an attorney, there is a new process for pre-approving waivers that should be starting soon.
Read this: http://cliniclegal.org/important-changes-i-601-waiver-processing
FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.
He cannot adjust in the United States. Do not file the I-485. It is a waste of your money. He is not eligible to adjust in the United States.
FREE CONSULTATION ON IMMIGRATION AND DEPORTATION MATTERS Contact: Law Offices of KiKi M. Mosley 208 S. LaSalle St. Suite 1400 Chicago, Illinois 60604 773-501-2039 email@example.com 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. firstname.lastname@example.org
You may not be eligible for adjustment of staus due to the fact that you entered the US without inspection. However, the USCIS is now considering allowing foreign nationals, immidiate relatives of US citizens, to file applications for waivers of unlawful presence inside the United States; prior to processing their immigrant visas before the US consulate; thus avoiding long term separations. Contact an immigration attorney.
All of my colleagues are absolutely correct. Your husband is not eligible for the 485 and filing is a waste of $1070. In addition, USCIS will not even issue the employment authorization. However, there are other options. USCIS is in the process of establishing a stateside processing of the I601 hardship waiver which your husband will need to obtain an immigrant visa. Speak to an immigration attorney who will advise you of all options based on your situation including the stateside 601 processing.
Immigration Adjustment of immigration status US visas Immigrant visas Employment visa Immigration holds and deportation Cancellation of removal in deportation Immigrant status Employment Undocumented immigrants Form I-485 (adjustment of status) Spousal immigration Form I-130 (alien relative)