QUESTION

My husband case ..

Asked on Feb 27th, 2013 on Immigration - Connecticut
More details to this question:
Hi !!!My husband come to U.S 13 years a go with a fake Passaport( with his pic on it but not my husbands name ) .And him I got married 7 years a go .Im a US Citizen and we have 2 citizen children together ...I filed I-130 and was approved but that fact that he come illegal and he rip the picture off the passaport his being denied so many times .So we filed I290B NOTICE OF APPEAL TO THE COMMISSIONER, .So my question is :Is there any chances of him getting his legal status ?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
There is a possibility of your husband obtaining his legal status as his entering the US with a fake passport indicates that he was inspected at the time of his arrival. He would of course have to prove that he entered with the fake passport and most immigration offices would require him to present the original passport of entry when he applies for an adjustment of status application to permanent residence. As he entered with a fake passport, he would have to apply for a waiver of fraud, and I assume that you have done so, were denied the waiver, and are now in filing form I-290 notice of appeal to the Commissioner. You will receive another adjudication by the AAO (Administrative Appeals Office) of USCIS and hopefully the decision will be favorable. I note that in these cases, it is better to be represented by counsel experienced in waiver applications. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Mar 17th, 2013 at 11:31 AM

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