QUESTION

How to bring my husband's family over from Honduras if he doesn't have his papers yet?

Asked on Jul 10th, 2012 on Immigration - Texas
More details to this question:
My husband's mom needs heart surgery and that is not possible in Honduras. She is starting to speak like she thinks she is about ready to pass over, and she has my husband's 2 little sisters . How can I seek trying to bring his sisters over to live with us and possibly his mother if she dosen't pass away yet? He does not have his papers yet so if she passes away, we have to go over there and he won't be able to come back. That's my biggest fear .
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5 ANSWERS

You cannot bring her to the US nor can you petition for the little sisters, unfortunately, unless you adopt them.
Answered on Sep 11th, 2012 at 3:06 PM

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Your questions and immigration issues are too difficult to address in this forum. You should consult either me or another immigration attorney to go over the details and issues regarding your family and immigration goals.
Answered on Aug 10th, 2012 at 3:49 PM

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There's no quick solution to your situation. If your mother-in-law needs surgery immediately, she can apply for a visitor visa to seek medical treatment quite quickly at the US consulate. She and/or her sponsor will need to show that she has enough funds to pay for the treatment in order to qualify. If your husband entered the country legally and you are a US citizen, he can apply for adjustment of status to get his residency in about 4-6 months. If he entered illegally, you will need to submit an I-130 petition on his behalf and he will be required to return to Honduras for his immigrant visa interview at the US consulate. He will also be required to file a waiver on form I-601 if he has been unlawfully present in the US in excess of one year.
Answered on Aug 10th, 2012 at 3:48 PM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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Hello: If the sisters are under 16, then orphan petitions can be done if the mother passes away. *Orphan Petition* An Orphan Petition must be filed. There are two major parts to the orphan petition. The first part will qualify the parents as being fit to actually raise the orphan and the second part deals with the orphan and making certain that the orphan is admissible and is actually an orphan. These petitions do take some time to get approved. However, the sooner the process is started, the sooner the orphan will be permitted to enter the U.S. However, the mother can try to get a medical B2 to come to the U.S.
Answered on Aug 10th, 2012 at 3:48 PM

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Penalty Defense Attorney serving Livonia, MI
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What "papers" does your husband have? The answer will depend a lot on that answer. Also, for a medical visa it must be established that the treatment is not available in Honduras and that a place in the U.S. holds out hope for a cure.
Answered on Aug 10th, 2012 at 3:48 PM

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