QUESTION

Should I give it a try or not to fix his immigration papers since he entered this country illegally?

Asked on Jan 08th, 2014 on Immigration - North Carolina
More details to this question:
I have been married since October 9 2011 and I want to fix my husband’s papers. What I don’t know is that they’re going to send him out to México. The border patrol didn’t get him since then he hasn’t went back to México. He got a DUI in 2008 but he paid everything.
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2 ANSWERS

If he entered the US unlawfully, under the current immigration laws, he is not eligible to adjust his status within the US. He would have to go back to Mexico but as soon as he leaves the US, he automatically triggers a 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.
Answered on Jan 23rd, 2014 at 9:07 PM

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Immigration Attorney serving Raleigh, NC at Vasquez Law Firm, PLLC
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You may petition for your husband but he will need a waiver in order to be admitted to the United States. He will not qualify for the provisional waiver I-601A because he has been convicted of a DWI. You may still qualify for the traditional waiver but that will have to happen in Ciudad Juarez and could take 1 year to get a response on the waiver. I would strongly suggest that you sit down with an experienced Immigration attorney and see your options today and would look to see what happens in the near future with immigration reform.
Answered on Jan 09th, 2014 at 11:34 PM

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