QUESTION
How do I petition for my husband to come to the US after returning to his country?
Asked on Feb 15th, 2011 on Immigration - Tennessee
More details to this question:
I met my husband in the US but he was forced to leave to his country of origin due to a family emergency. My husband and I married in Mexico and now he resides there and I live in the U.S. How do I petition for my husband to come back to the US legally and how long would it take given he had illegally resided in the U.S in the past?
3 ANSWERS
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You will use the three step consular processing system. Here is a link to my article on that: http://www.troylaw.net/?p=5 If your husband lived in the US illegally then he may be subject to a 3/10 year bar so you want to have his case fully analyzed before you start the process. In that instance, you would need to file for an extreme hardship waiver in addition to the regular process. If he is legally residing in a third country, then he can have his application processed there. If not, you should contact that US consulate to see if they will except him regardless. Otherwise you would need to process through his own consulate or find another to accept his case. Meanwhile if he is scared and has fled his own country, he may be eligible for asylum in the US. Please schedule a consult with a competent immigration attorney who specializes in that type of case!
Answered on Feb 18th, 2011 at 10:28 AM
Immigration Law Attorney serving Costa Mesa, CA
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Law Offices of Louis M. Piscopo, APLC
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If you are a US Citizen you have to file an I-130 petition and ask for immigrant visa processing. Since your husband was previously illegally in the U.S. he will need a waiver to return. The whole process can take up to 1 to 2 years. Moreover, if the waiver is denied he will not be able to return to the U.S. for 10 years.
Answered on Feb 18th, 2011 at 10:28 AM
William C. Gosnell
File a i-130 form.
Answered on Feb 17th, 2011 at 5:25 PM