QUESTION
What can I do to help my husband become a permanent resident?
Asked on Oct 20th, 2011 on Immigration - Maryland
More details to this question:
My husband (born in El Salvador) entered the US illegally 10 years ago. He was detained and given papers to report to a judge in Houston, but was alone and went north to meet up with family. Days later a lawyer there advised him to not report to court. I was born in the US and we met a few months after he arrived and were married 3 years ago. In these 10 years, he''s had no run-ins with law enforcement and has paid his federal taxes each year. We are hoping that there is some way to help him gain legal status without having to leave the country.
1 ANSWER
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Curley Immigration Law, PC LLO
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Thank you for your message. Your husband has a complicated case. When he failed to appear in Immigration Court, he was likely ordered to be removed in his absence. This means that he will be removed/deported if he is caught by ICE inside the U.S. As the spouse of a US citizen, he is eligible for a permanent visa, but generally the process would require him to return to El Salvador to get the visa. When he leaves the U.S., he will have "self-deported" and will need a waiver of the deportation to return to the U.S. legally.
Depending on his age when he entered, and other factors, he might be able to get his Immigration Court case reopened, but the government would have to agree to it.
I suggest that you contact an experienced immigration attorney to discuss your options.
Good luck,
Mark
Answered on Oct 22nd, 2011 at 2:00 PM