How do I get started the process of legalizing my husband? 12 Answers as of March 26, 2012

I'm 25 and married to a Mexican illegal he was brought here at the age of 3. We have 3 daughters, 2 of which are set with medical problems 4 year old has shone syndrome a heart defect and our 1 year old has cleft lip cleft palate. Can this help him from not having to go back during this process?

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Kuck Immigration Partners LLC
Kuck Immigration Partners LLC | Charles Kuck
First, we file the I-130 and approved by USCIS. This takes about 6 months. Our fee for this part of the case is $750 plus the USCIS filing fee. This process usually takes about 6 months. Then he is processed for an interview at the US Consulate in Ciudad Juarez. It is only at this stage that he leaves the US. Our fee for this "consular processing" is $1,250, plus the filing fee. It usually takes 9 months for an interview to be scheduled. At the interview your spouse will be denied his residence because of his unlawful presence in the United States. Your spouse will then be offered an opportunity to submit a "waiver" to excuse this unlawful presence. We will have prepared this waiver prior to their departure. Our fee for the waiver is $3,000, plus the USCIS filing fee. We will arrange an appointment for your spouse at the USCIS office in Ciudad Juarez, usually within a month or two of the interview at the consulate. Most cases are adjudicated the same week, and if approved, you return to the consulate the next day, obtain the immigrant visa and enter the US as a permanent resident. The current approval rates for the waiver average around 70-80 percent and it can take over a year to get this waiver. If denied, your spouse is subject to a 10 year bar to reentry to the US. Each part of the case is paid as the work is done. Let me know if we can be of assistance. We need the foreign national spouse to complete this questionnaire: http://www.immigration.net/immigration-processes/questionnaires/visa-approval-questionnaire , but we prefer to have a separate questionnaire done online as noted below. We also need copies of your birth certificates (both of you, with translation), marriage certificate, any prior divorce decrees or spousal death certificate, and the U.S. Citizen spouse's last year's individual or joint tax returns. I also attach a list of documents that you will need to accumulate prior to the interview http://www.immigration.net/immigration-processes/immigrant-visa/i-130-documents , but which we do NOT need right now.
Answer Applies to: Georgia
Replied: 3/26/2012
Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
If he is put in removal proceeding he can ask for cancellation of removal. However , because it is removal proceedings I would strongly suggest you speak with an attorney. If you are in the New York region, we would be happy to speak. Otherwise find a local attorney.
Answer Applies to: New York
Replied: 3/22/2012
Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
The answer is absolutely yes, you have a great chance of having him become a permanent resident. I strongly suggest that you call us or another lawyer to help as the process requires going to court to get "Cancellation for Certain Non-permanent Residents". It is not simple but yours is a great case for relief.
Answer Applies to: Texas
Replied: 3/21/2012
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
NO, unfortunately, your husband will have to go back to Mexico if he is to legalize his status but he will be barred from reentry for a period of 10 years unless he can get a waiver on the basis of showing extreme hardship to a US citizen spouse or child, and this is fairly difficult to do in most cases.
Answer Applies to: California
Replied: 3/20/2012
Philip M. Zyne, P.A.
Philip M. Zyne, P.A. | Philip M. Zyne
Your husband appears to qualify under the newly proposed stateside processing for I-601 waivers.
Answer Applies to: Florida
Replied: 3/20/2012
    Cardenas Law Firm
    Cardenas Law Firm | Abraham Cardenas
    It sounds from what youve written that you may have a very good case for a waiver which would allow your husband to get his legal permanent residency. (A waiver is a process by which you ask immigration for ?forgiveness? for him being here illegally. If the waiver is granted, they allow him to proceed with his paperwork his legal permanent residency.) Because of the situation you describe about your children, you appear to have the ?hardship? required to have a very good case for the waiver. You need to go to a good immigration lawyer to help you with this process. This is not the time to take shortcuts. Go to someone who can help you and your husband.
    Answer Applies to: Florida
    Replied: 3/20/2012
    HADJIAN LAW P.C. | ZARI HADJIAN
    Yes it could help but not a guaranty. There is more to this process than, just claiming a sick child in the family.
    Answer Applies to: California
    Replied: 3/20/2012
    Law Offices of Brian D. Lerner, A PC
    Law Offices of Brian D. Lerner, A PC | Brian David Lerner
    In this case, there may be a possibility of winning cancellation of removal in deportation proceedings. Removal/Deportation Representation It is critically important that you get qualified and expert representation for the deportation/removal hearings. The Government will try to get the deportation issued. Neither the Immigration Judge, nor the Trial Attorney are there to help you. There are different forms of relief available which could result the granting of Lawful Permanent Residence. However, this requires large applications to be prepared and the necessity to prepare for trial. My firm has done this for several years, and if done properly, there is a very reasonable chance that it will be successful. If not done properly, the deportation order will be issued and your current way of living in the United States will end and you will either be on the run or be forcibly removed from the United States.
    Answer Applies to: California
    Replied: 3/20/2012
    Matthew Cameron Attorney at Law
    Matthew Cameron Attorney at Law | Matt Cameron
    As you are probably aware, your husband is not able to adjust his status to residency after having entered the country without a visa. Given that he has been here for more than one year, he is also not supposed to return to the US for 10 years after he leaves without an approved "waiver of inadmissibility." It does sounds as if you would have a compelling case for a waiver, but I would recommend that you wait and see what happens with the law on this. We have been promised that Immigration will be changing the system slightly so that waiver-eligible individuals will be able to have their waivers "pre-approved" before leaving the US to process their visa petitions in their home countries. This will make things far less stressful (and minimize the period of separation) for those who might otherwise have to leave the US without knowing if they would be able to return within ten years.
    Answer Applies to: Massachusetts
    Replied: 3/20/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Based upon the information you provided, he may be eligible for cancellation of removal. This would result in him receiving a green card. The issue is to get cancellation of removal an alien needs to be in removal proceedings. This is a substantial risk. There may be other avenues of relief available, but I would need more information on his prior immigration history. I would need to know if he ever had a petition filed on his behalf before. If so, we would need to know what type of case, when, etc. It is very important that you and your husband meet with an experienced immigration attorney before taking any steps.
    Answer Applies to: New York
    Replied: 3/20/2012
    Fong & Associates
    Fong & Associates | William D. Fong
    The process depends on the exact manner of entry, date of entry, any filings to make him eligible for section 245(i), other immigration or criminal convictions and if you can show an extreme and unusual hardship to a qualifying US relative (spouse). The hardship to the children is not taken into consideration. Depending on how he was brought into the US, he may not need anything other than your petition here in the US or he may need to apply for an immigrant visa and waiver at his home consulate. Find an experienced immigration attorney.
    Answer Applies to: Texas
    Replied: 3/20/2012
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    You should set a time to speak with an immigration attorney. You may have a few options, depending upon further details of your situation. You may be able to file an I-130 immigrant visa petition and then file the I-485 to adjust status, depending upon further details of his and his parents immigration past. He may also be eligible for Cancellation of Removal or other discretionary relief.
    Answer Applies to: Washington
    Replied: 3/20/2012
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