How can I get the proper immigration paperwork so that he can stay here legally? 6 Answers as of February 15, 2011

My husband and I just got married. He is from Mexico and entered the country illegally 10 years ago. We have 1 child together. What can we do so that he can get the proper paperwork to stay here legally and in the future return to Mexico to visit his family?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
You may begin by filing an I-130 petition for your husband, which will be approved, but it will be difficult to qualify for adjustment of status (green card), unless you prove hardship to you or your child, beyond the normal loss of separation. You may also qualify for cancellation of removal, but it will be more difficult to accomplish with an immigration judge presiding over your case. If you want to discuss this further, feel free to call or e-mail me.
Answer Applies to: California
Replied: 2/15/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
There is much you can do if he crossed the border.
Answer Applies to: Florida
Replied: 2/14/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
You must file an i-130 then wait two years and he will get a visa.
Answer Applies to: Tennessee
Replied: 2/14/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Honestly, there are really only two options. One is that you petition for your spouse, send him out to the U.S. Embassy in Mexico, and apply for a waiver of his unlawful presence. The standard is high, extreme hardship to you and your child. The standard approval rate is 60%. It takes a lot of time and of course, there is always the risk you won't get it and he'll be stuck outside. Second, if indeed your husband has ten years of physical presence AND has never been arrested for anything of import by the police or ICE, you may be able to get him into deportation proceedings and apply for something called cancellation of removal. The standard is higher, exceptional and extremely unusual hardship to you and your child. Sometimes its easier to prove here in the U.S. because you have more space for your presentation and more control over evidence and presentation, but Mexico is often a difficult country to get cancellation from. Again, the risk is that you don't get it and he is deported which would leave you back with option one except then you will need another waiver for his deportation.

There is nothing easy about this case, you should seek counsel and talk about these possibilities.
Answer Applies to: Virginia
Replied: 2/14/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you are a U.S. Citizen you can petition your husband. However, unless he is protected under Section 245(i) because he was the beneficiary of a petition or labor certification application filed before April 30, 2001, he will have to apply for an immigrant visa at the U.S. consulate in Ciudad Juarez. If he has been unlawfully present in the U.S. for more than 1 year since he turned 18 years old he will need a waiver to be granted. Without the waiving being granted he is barred from returning from the U.S. for 10 years.
Answer Applies to: California
Replied: 2/14/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    You are allowed to sponsor him for a green card. Depending upon his circumstances, he will be able to file in the US or else at a US consulate in Mexico. In the latter situation, you will also need to file an extreme hardship waiver because he will be subject to a ten year reentry bar. You need to have an initial consult with a competent immigration attorney to carefully review the facts of your husband's case to accurately identify his options and any risks inherent.
    Answer Applies to: California
    Replied: 2/14/2011
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