QUESTION
Does my husband have to go out to Mexico to fix his immigration status?
Asked on Jul 30th, 2014 on Immigration - Illinois
More details to this question:
I am a US Citizen. My husband entered here illegally in 1995. He has never been deported or in any immigration proceedings. We have 2 children born in the US. We have been married for 10 years and I am disabled. I have asked several lawyers and they tell me he will have to stay in Mexico for 5 to 10 years. Can he qualify for a waiver not to stay there to fix his status here in the US?
5 ANSWERS
He might qualify for provisional I 601A waiver. If the waiver is approved, he will have to leave the country for a short time. Also, check if your husband qualifies for DACA or maybe he was "waived in"... call a good attorney, all I can say.
Answered on Jul 31st, 2014 at 9:17 PM
Hello, based on what you've said, your husband likely has two options: one of them is easier, and the other more difficult. The easier option is called "consular processing" - you file a petition for him, then he files for a waiver (asking forgiveness to the US government for having crossing the border without permission, and then, after the waiver is approved, he goes back to Mexico for approximately 1 to 2 months for the interview and then reenters the US. The more difficult option is in "removal proceedings" in immigration court. Based on your disability and your children, if you can show that your husband is a person of good moral character, has lived in the US for 10 years, and that you and your children would suffer "exceptional and extremely unusual hardship" you could attempt to get his green card WITHOUT LEAVING the US! You must speak to an attorney who is good and who knows the law before doing either... both are complicated laws. I wish you the best of luck.
Answered on Jul 31st, 2014 at 7:49 PM
International Law Attorney serving West Los Angeles, CA
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JQK Law Firm
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He may be able to apply for a provisional waiver so that he will not stay outside the country for too long. But he has to go to am embassy interview. However an attorney would need to review each of your backgrounds to know exactly what the issues are.
Answered on Jul 31st, 2014 at 10:05 AM
Bruce A. Coane
There is a waiver available under the law for the 10-year bar and he would have to apply for that waiver and ideally get it approved before he leaves the USA.
Answered on Jul 31st, 2014 at 10:00 AM
Immigration Attorney serving Chicago, IL
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Kriezelman Burton & Associates, LLC
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If your husband has not left the United States since he entered 1995 and has never been in Immigration Court proceedings. He would be able to file a waiver from within the United States under the provisional waiver program. If the waiver is approved he would be able to come back into the United States as a lawful permanent resident without a large amount of time in Mexico.
Answered on Jul 31st, 2014 at 9:46 AM