QUESTION
Is it guaranteed that he will be legalize if I am a US citizen, married to an undocumented immigrant, with absolutely no criminal record?
Asked on Oct 07th, 2014 on Immigration - Texas
More details to this question:
In 2001, his uncle stared paper to legalize my father-in law, including my husband. We only have a receipt of the petition that was file to favorite my husband's dad. We have no prove that he was here in that year or his approval. Can he be legalize in the USA? Or does he has to go to Mexico?
1 ANSWER
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You should have the documents reviewed by an attorney to make sure that he is 245(i) eligible. If the I-130 was filed on or before April 30, 2001, he might be able to adjust status to that of a Permanent Resident in the U.S. Otherwise, he might have to leave and complete the process at a U.S. Consulate abroad and may need a waiver. You should discuss these issues with the attorney that you consult with.
Answered on Oct 08th, 2014 at 10:16 AM