My husband entered USA from border and he had his interview. And was denied was place on removing proceeding. Due to he is not speaking English his interpreter did a poor job in court. They provided him with an interpreter how didnโt translate right for him. He paid the lawyer to appeal but lawyer took his money but didnโt file the appeal on time. I have green card and I applied petition for him. I am a disabled woman and I have a baby girl. I rely on him physically and financially. I have physical disability i had polio when I was nine months old. So i need him all the time. how can I protect him from not getting deported. Please advice and help?
As an individual having a final order of removal and not having appealed on time, your husband’s present immigration case will most likely not save him. He may, however, be able to go through the I-601A process, an Obama program, to get a green card as long as it is not rescinded by incoming President Trump. The mechanics are that you would file an I-130 relative petition; he would file an I-212 conditional request for advance permission to enter the US; and if both are approved, he would file an I-601A application for waiver of grounds of excludability based upon extreme hardship to you if he and you are separated for a long period of time. Assuming that the application is approved, he would complete consular processing and return to the home country for an interview with the American consulate or embassy. If approved at interview, he would return to the US with permanent residency. The process is currently taking about 4-5 years at this time. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.
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