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Hi, If my husband of 5 years entered the US w/o inspection as a toddler but now holds a DACA and work permit card would he have to leave the US and go back to the country where he was born to file for a petition? We have a child together and I'd hate for our family to be separated. Thanks for your help.
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Hello.
Since your husband entered without inspection he would have to leave the country to obtain his visa at the US Consulate.
If you are a US citizen and will suffer extreme hardship if your husband is seperated from you he may qualify for a waiver where, if approved, he would only be out of the country for a few days.
If not then he can apply for a travel permit through his DACA and if approved he may be able to receive his permanent resident status in the US.
Please call my office for a free consultation and I'll be glad to further evalute your husbands case and offer the best course of action.
Samuel J. Zermeno, Esq.
Answered on Jan 26th, 2016 at 4:15 PM