Can my illegal immigrant husband leave and re-enter the country? 3 Answers as of March 06, 2011My husband and i have been married for 2 yrs he had to leave country to go to Mexico because his mother was sick can I file paper work for him to come back legally since he entered illegally 12 years ago and we were married here in the US.
Marie Michaud Attorney At Law | Marie Michaud
Yes, provided many other things are in order: He should have entered only once (12 years ago), not using fraud, lies, fake documents or documents that belong to someone else). He should not have any interception by the "migra" or border patrol f he entered illegally. He preferably has no criminal history or deportation. He must stay in Mexico, and not returned before he gets his visa. Your first file a family petition (Current processing time is over 6 months), then start the consular process once the petition is approved. The Consulate will initially deny his visa application because he was "unlawfuly" present in the US for more than one year, but will tell him to call a particular number to submit a I-601 waiver showing your hardship if his waiver is denied. A waiver is a very complicated package and should be prepared by a professional. Not all waivers are approved. Do not trust those "notaries" and make sure to hire someone who is experienced with waivers. Good luck.
Answer Applies to: California