How can I help my husband become legal in the US? 2 Answers as of April 15, 2011

Hi, I am a US citizen and my spouse of 3yrs is illegal in this country. His parents brought him here illegally as a child from Mexico. We have a 2yr old daughter. I am a disabled veteran of the US Military. The laws are getting very strict on illegal immigrants. What is the best possible way that I can help my husband become legal in this country?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
The orthodox way to do it would be to file a petition for him and have him go to Mexico to get his visa. He should have a good waiver ready to be filed in Mexico when prompted by the consular officer to do so. Just make sure that he is a person of good moral character with no major criminal offense in his background, among other things. He may have to stay there for a little time (2 to 8 months in my estimation) while his waiver is being decided. An aggressive way to do it involves Parole in Place (PIP). Last year the USCIS began using PIP for immediate relatives of active duty armed service people. PIP is a mechanism that essentially would allow your relative to be admitted or "paroled" into the US and use that admission to adjust status here in the US. I understand that you are a disabled veteran, therefore it would be a stretch but I think that a competent attorney may be able to prepare a good waiver and request PIP. He may just have a shot. Good Luck!
Answer Applies to: California
Replied: 4/15/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
You are able to sponsor him for a green card. If he is eligible under the 245i law, he can file in the United States and pay a $1000 penalty fee. Otherwise he needs to apply through his US consulate in his home country. His exit from the US will trigger a ten year bar to reentering the US. You will then file an extreme hardship waiver to ask the US government to allow his entry by waiving the ban. If they approve this, he will then be allowed to enter the US and to obtain the green card. This mainly rests on showing extreme hardship you will face if he is not allowed in. Given that you served in the US military, were disabled through that and have a minor child, these are strong equities. Please seek a consult from a competent immigration attorney to fully evaluate your chances!
Answer Applies to: California
Replied: 4/15/2011
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