QUESTION

What can I do to fix my husband's papers without him being deported?

Asked on Dec 24th, 2011 on Immigration - California
More details to this question:
I've been married for 8 years and have 2 kids. He has never been convicted and was brought here when he was small.
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2 ANSWERS

Immigration and Naturalization Attorney serving San Diego, CA
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I would need to review your case in full to properly advise you. Do you have a criminal record? Did you enter the U.S. with a visa and overstay or did you enter without documentation? Did you ever claim to be a U.S. citizen? Have you returned to your home country after getting here? Has anyone ever filed papers for you or for your parents? Are your parents or grandparents U.S. citizens or permanent residents? Are you married to someone in one of the military branches? Have you ever been deported (removed) from the U.S.? did you subsequently reenter? The answers to these and follow up questions will tell me whether you are eligible to file for permanent residency in the U.S. or will need to return home and process for an immigrant visa and whether a waiver will be required. If a waiver is required, the process is complex to determine the strength of your case and likelihood of success. We would also then be able to advise you on the procedures to reach your goal of permanent residency, timing and fees. We do charge of consultations but all fees paid for the consult would then be credited toward the fees for your case once we are able to give you a firm fee quote.
Answered on Dec 30th, 2011 at 9:55 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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The big question is whether your husband has to leave or not. If he entered with a visa or was the beneficiary of a labor or family petition filed on or before 4/30/01, he does not have to leave.
Answered on Dec 28th, 2011 at 11:56 PM

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