QUESTION
If my illegal immigrant husband returns to his home country and begins the process to enter the country legally, what is the risk?
Asked on Apr 10th, 2016 on Immigration - Washington
More details to this question:
My husband and I have been married 13 years and he's been illegally in this country for 15. We began trying to correct his legal status in 2003-04 but were told that he'd have to stay out of the country for 10 years and then he'd get his VISA. We have 2 children. I can't let anyone take their father away that long. But if he leaves and goes back to Mexico, he won't be breaking any laws. Do you think that if he left voluntarily and we started the process over from the beginning that he could get his Visa in about a year and come back immediately?
1 ANSWER
Your husband will be subject to a bar to admission for being unlawfully present for a year or more. He would be barred for a period of ten years unless a waiver is approved. To qualify for a waiver, your husband would need to establish you would suffer extreme hardship if you were to live apart or together in Mexico. You may be able to minimize the risks and length of separation if your husband is eligible for a provisional waiver. The provisional waiver will only apply to the unlawful presence bar so it is important to have an attorney assess your husband's eligibility fully. You can read more about the provisional waiver at http://myattorneyusa.com/provisional-stateside-unlawful-presence-waiver.
Answered on Apr 11th, 2016 at 4:57 AM