QUESTION

How can I go about getting my husband's illegal papers processed?

Asked on Mar 18th, 2013 on Immigration - Michigan
More details to this question:
We have one kid but he is helping me with my other son from a previous relationship. I have cancer and I don't know how much longer I will be here. I would hate for my kids to get put in foster homes and him get deported one day. I am a US citizen. We got married on October 3, 2012 but been together since 2010. He came here when he was 16 and now he is 22. He has never been in trouble with the law.
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6 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on Mar 19th, 2013 at 7:51 PM

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If he qualifies for DACA, he can apply for that but he is not eligible to legalize his status at this time under the current immigration laws.
Answered on Mar 19th, 2013 at 2:29 PM

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You can file an I-130 visa petition for your husband now, but if he entered the US without inspection, he will need an I-601 waiver before getting an immigrant visa. He should consult an immigration attorney and apply for DACA relief.
Answered on Mar 19th, 2013 at 2:12 PM

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Your husband may be able to request a waiver. The success of the waiver depends on the details of your case. The fact that you have cancer may help your case. You need to talk with an immigration attorney to find out if this is the way to go and your chance of success.
Answered on Mar 19th, 2013 at 1:27 PM

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Business Attorney serving Dallas, TX
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You didn't give enough information. Did your husband enter without inspection? You can likely get a waiver based on extreme need. DO NOT DO THIS YOURSELF. Call an immigration lawyer, immediately. There may be several other options.
Answered on Mar 19th, 2013 at 1:18 PM

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You should consult with an attorney - hopefully your husband can get a waiver.
Answered on Mar 19th, 2013 at 1:08 PM

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