QUESTION

Will my husband have any problem getting visa/green card?

Asked on Jan 10th, 2013 on Immigration - Utah
More details to this question:
My husband come from Mexico in Aug, 1995 he was caught by boarder patrol and was sent back he crossed again 1995 without being caught. then went back to Mexico 2000 then came back again in 2001 without being caught, and since then still here in the USA since 2001 we have 3 kids been together for 11 years married for almost 7 years and 3 kids and 2 step kids my ? Is can I get my husband his visa? and in Aug 2012 I was getting TANF for about 6 months but I no longer get it will that make it a problem in getting his visa/green card? And he did get the 1-130 approved already!
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6 ANSWERS

Adebola O. Asekun
Two issues in your case are namely that your spouse entered US without inspection and so, this may hinder his ability to adjust status, especially if your visa was filed after the s.245(i)INA sunset date. Of greater concern is the fact that because your husband reentered United States twice illegally after his deportation in 1995, he may be subject to s.241(a)(5) INA Reinstatement. because, he was deported in 1995 and he returned twice [1995 and 2001] both reentries occurring before and after the Apr. 1, 1997 effective date of s.241(a)(5) INA. You should not file anything with CIS until after you have consulted with an experience immigration attorney.
Answered on Jan 15th, 2013 at 7:51 PM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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It's unclear if he was expeditedly removed in 1995.?In any event it appears he needs waiver of unlawful presence(I-601 waiver). He can file the waiver in march while waiting in the US. If approved he can then return to his home country to apply for immigrant visa. Your case is not simple so you will be better served by having an immigration lawyer on your side.
Answered on Jan 14th, 2013 at 9:29 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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Apparently yes. However, we need to confirm if he was ever ordered deported and whether he has to apply from outside of the country.
Answered on Jan 14th, 2013 at 9:28 PM

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He is not eligible to legalize his status within the US since he entered the US unlawfully. He would have to consular process in his home country and he would be subject to the 10 year bar to reentry because of the overstay. The bar to reentry can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to prove in most cases.
Answered on Jan 14th, 2013 at 9:28 PM

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Criminal Law Defense Attorney serving St. George, UT at Edward D. Flint Attorney at Law
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All Immigration questions are very fact intensive, and no easy answer can be given to your question without meeting with you in person and delving into your life history and what you might be eligible to apply for from USCIS.
Answered on Jan 14th, 2013 at 9:27 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on Jan 14th, 2013 at 9:27 PM

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