Is there any way of fixing my husbands papers with out him having to go back to Mexico? 3 Answers as of February 21, 2011

My husband came to the US when he was 8 by his mom. When coming his mom hired some one to cross him over using another childs papers. His mom abandoned him at the age of 16 and was on his own since then. He has no family in Mexico and doesnt know where his moms at. We have been married for a year and also have many people and his employer who are willing to cosponsor. Is there anything I can do so that he dont have to go to Juarez??

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
I would be happy to talk with you about any options he might qualify for; but in most cases of illegal entry and a marriage to a U.S. citizen spouse, a trip abroad is required. Exceptions may include:1) if you can show that someone filed a petition for him or for his parent or grandparent prior to April 30, 2001; 2) derivative citizenship from a U.S. citizen parent; 3) spouse of an active military person.

Good news is that if he has an otherwise clean case - no criminal record, no prior deportations (removals), no trips home after accruing unlawful presence - then the trip home to Ciudad Juarez or otherwise home consulate may be no more than a couple of months with a good waiver case. Your spouse would remain here until his medical and interview are scheduled in CDJ, after the interview an appointment for presenting the waiver is made - our experience is most are approved the same day if a good case is put together up front. The time between interview and waiver presentation has varied from a couple of days to a couple of months for the last several years.

Then he obtains his immigrant visa and returns to the U.S. within a day or so of approval. We would be happy to talk with you both and assess your case, advise you on the timing and procedures and costs. You may contact me as indicated below.
Answer Applies to: California
Replied: 2/21/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
There is not much you can do since he came illegally.
Answer Applies to: Florida
Replied: 1/31/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Depending upon his exact fact pattern, he may be eligible to apply for a green card in the US, under 245(i). Otherwise he will probably need to use the consular application where you file the extreme hardship waiver. The US consulate in Mexico approves a lot of these cases so if you have strong reasons and he has a clean record besides the unlawful entry as a minor, that can be the beginning of a very strong case. You really need to seek immigration counsel- I would be happy to consult or else choose someone else. But you need a full analysis to be completed in order for you to make an accurate decision that works within your life.
Answer Applies to: California
Replied: 1/31/2011
Click to View More Answers: