Begin by filing Form I-130 and seek the help of a competent immigration lawyer to assist up with both the USCIS and consular immigrant visa application, and most importantly with extreme hardship waiver you'll need to file on your husband's behalf.
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.
Your question requires more background information so you can receive a better/correct answer. How did he come in? Is mother a USC? , etc..... I highly recommend you consult an attorney who will ask you all the necessary questions and give you the correct answer.
Start with an I-130 petition. Then, if he is eligible, your husband can submit an I-601A waiver.
(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.
i agree with my colleagues. Hire a lawyer you trust to walk you through the process - it is incredibly complicated and risky to navigate it on your own. If there was ever a petition filed for him by anyone before April 30, 2001, he may be eligible to "adjust" his status here in the US. Otherwise, it is likely that he will need to "consular process" his green card application. If so, start with the I-130 (the petition) and then use the new provisional hardship waiver on form I-601A so he can waive his unlawful presence before he exits the US. Then he will need to schedule an interview at the US consulate in Ciudad Juarez. If all goes well at the interview, he'll be given a stamp in his passport and allowed to reenter the US as a permanent resident.
Otis C. Landerholm, Esq.
I agree with other lawyers. If you are a US citizen, starts with an I-130 petition and then I-601A waiver.
Another thing that is worth mentioning is that he might be qualified for deferred action since he is only 31 years old. Deferred action is independent from the I-130 petition, he can apply for deferred action at the same time.
Find an experienced lawyer to help you with that.
You can file I130 and I601a waiver. You may also want to explore whether he is eligible for DACA, given his current age and his age at entry.
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104