QUESTION
Is my husband's involvement in a custody battle reason enough to let him stay in the states?
Asked on Nov 17th, 2011 on Immigration - Texas
More details to this question:
My husband and I have been together for two years. He has been in the US illegally for 10 years. I would like to make him legal but do not want him to be sent back to Mexico to wait. He is our sole provider. We have a business together that I couldn't do alone if he is deported. Also, he has two kids with his ex and is in the middle of paternity and custody battles. We would like to go for custody of his two boys because we feel that their mother is not providing a stable environment for their kids, but are worried about him being deported if we went to court for custody. We would like to show that we are in the process of getting his papers. Is him being in a custody battle reason enough for him to be able to stay in the states to fight for and care for kids (which are US citizens)?
3 ANSWERS
NO. He is not eligible to adjust status in the US if he entered the US unlawfully and no one had ever petitioned for him before that might grandfather him under 245i.
Answered on Nov 30th, 2011 at 4:35 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Unfortunately no not unless you are in the military. You should have an immigration attorney assess the complete case though as it may be possible for him to process here depending on whether he or one of his parents has a grandfathering petition filed before April 30, 2001, or he can show an "inspection" when he did enter the U.S. many years ago.
Answered on Nov 18th, 2011 at 9:36 AM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
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No, a family court case does not give the right to stay in the US unlawfully.
Answered on Nov 17th, 2011 at 3:36 PM