My husband entered the US without a passport or visa. He was detained immediately after entry and states he was given a paper that allowed him
Asked on Jul 09th, 2012 on Immigration - Tennessee
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to stay in the country 90 days as a visitor and then he was released. Would this document he was given have any impact on his ability to apply to change his status without having to return to his home country of Honduras? He has been in the US seven years.
A person entering the U.S. without passport or visa will not be given papers to stay in the U.S. for 90 days as a visitor. He/she is more likely to be given a release paper or parole I-94 to attend a future removal hearing. If such was the case and if he did not attend the hearing, the judge may have conducted the hearing in his absence and declared him removed in absentia. If DHS on the other hand did not properly serve your husband with papers to appear in court, the judge may have administratively closed the case without giving a final order. If your husband still has the paper, there is an "A" number that he can check on the court information line (800) 898-7180 to see whether an order was entered against him. Dependent upon whether he was paroled into the U.S., he may be eligible for adjustment of status to permanent residence even with a final order of removal against him if he is married to a U.S. citizen or the father of one over age of 21.
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