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My spouse is an immigrant. Can he pay taxes if he re entered the U.S illegally? Can i file for him? What can we do? Please help

Brooklyn, NY |

My husband, before was my bf was caught driving without insurance. He got caught on 2009 and judge granted him a voluntary departure. He left but a month later he came back illegally. They caught him on the border but then was send back to Mexico. Now he is here. can he file taxes without immigration finding out he's here? can i petition him? I also suffer from bad anxiety and panic attacks. I feel that if they separate us I am going to become worse. I have to go to work but first I have to be healthy. Then I have to pay my school loans, and I want to continue for my bachelors degree. I have my associate and he supported me all the time. My parents are U.S citizens so I can't imagine our lives in Mexico. What are the chances we get approved on the I301. It's my situation good for I601?

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Attorney answers 3


He may be eligible to apply for a Provisional Waiver.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(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.


More information is needed. It is unclear whether he committed what is called unlawful re-entry. Although you may petition him and he may file for a provisional unlawful presence waiver, wherever, his repeated attempt after voluntary departure can cause serious complications. I strongly recommend an appointment for teleconference with the competent and experienced immigration attorney. Good luck

This is general information, not legal advice, and does not create an attorney client relationship.


Judging by the face of what you wrote you situation may fit into the frames of extreme hardship waiver. The chances can be better explored with an attorney in private.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney Blog: