Does my husband have to stay in his home country during the immigration process? 1 Answers as of July 07, 2011My husband is going through the immigration process. We are doing the I-130 petition. The lawyer we talked with said it would take 18+months before he could come back to the US with a green card. Does my husband have to stay in his home country of Honduras the whole time or can he go to a different country for a different job opportunity?
Eric M. Mark, Attorney at Law | Eric Mark
If you have a lawyer, you need to speak with your lawyer. If you do not have a lawyer, you are being foolish. It appears your husband is barred from the U.S. for 10 years for being in the U.S. illegally, otherwise he would not have to return to Honduras. If that is the case, he must obtain a waiver, which is a difficult thing to do under any conditions, but particularly without a lawyer.
Answer Applies to: New Jersey