How long will it take for my husband to get his papers? 7 Answers as of July 29, 2013

My husband was in the U.S when he was 7 and then left to Mexico. He is now 21. Will it affect him when we file to get his papers? We've been together for 2 years going on to 3. We got married February 22, 2013 in Mexico. I'm 2 months pregnant. Approximately, how long will it take for him to be able to come to the U.S. and what is it that we need to do to get the process started?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
When did he leave the U.S. to go back to Mexico? If he left after he turned 18, he is barred from reentry for 10 years.
Answer Applies to: California
Replied: 7/29/2013
Law Office of Adebola Asekun | Adebola O. Asekun
If your husband left the US before his 18th birthday, he would not be deemed to have acquired a period of unlawful presence. If you have not already done so, you should file an I-130 petition. Average processing time for an I-130 petition for the husband of a US citizen is about 8 months. Thereafter you will contact or be contacted by the National Visa Center NVC for processing his immigrant visa application and after which he will be requested to apply for his immigrant visa interview at a US embassy in Mexico. Please note that there may be other issues relating to his eligibility to obtain a visa and as such, I suggest that you consult in detail with an experienced immigration attorney
Answer Applies to: New York
Replied: 7/29/2013
Law Office of Sylvia Ontaneda-Bernales | Sylvia Ontaneda-Bernales
Whether you are a US citizen or an LPR (Green Card holder), you'd be better off consulting personally with an attorney who can review the specifics of your husband's case. How your husband left the US and many other details should be carefully assessed.
Answer Applies to: Maryland
Replied: 7/29/2013
Herrera & Juelle LLP | Carlos Juelle
In order to answer your question, we need more information. How old was your husband when he left for Mexico? How long has your husband been in Mexico? Why did your husband leave to Mexico?
Answer Applies to: California
Replied: 7/27/2013
The Law Office Kevin L. Dixler
The Law Office Kevin L. Dixler | Kevin Lawrence Dixler
It is unclear whether his unlawful presence in the U.S., if any, will affect him. He will need to prove to the satisfaction of a consular official that he left before his 18th Birthday. In addition, there may be other delays unrelated to the incident. It is unclear whether he is disqualified or whether you will need a joint sponsor, among other issues. Congress has restricted lawful immigration and it does so by limiting funding to the USCIS and imposing additional rules that often slow down the process. I strongly recommend an appointment with a competent and experienced immigration attorney, where you seek to petition him.
Answer Applies to: Illinois
Replied: 7/26/2013
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    Whether your husband's prior unlawful presence is a problem depends on his age when he left the U.S. You should consult with an immigration attorney for a review of his immigration history.
    Answer Applies to: California
    Replied: 7/26/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Your husband's prior presence in the United States could be a problem if he did not depart before he was 18 years old. If he remained beyond 7 years or had been ordered deported, he may be subject to a bar to admission. This would require a waiver. The process when no waiver is required is about 8 months to a year. You need to file an immigrant visa petition on his behalf to start the process.
    Answer Applies to: New York
    Replied: 7/26/2013
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