Will an adjustment of status help in our situation? 2 Answers as of March 22, 2011

I never filed a petition for my Canadian husband or for his green card. He overstayed in the US past his PassPort deadline. He had an emergency to go back to Canada because his sister was struck with cancer and doctors gave her 2 months to live. When trying to board a plane back to the US immigrations stopped him at the airport, made him sign a document which stated he was barred from the US for 10 years. Can an adjustment of status help bring him back sooner and make him legally here in the US? I'm broken hearted and I miss him! I have a film production company here, and I subcontract crew to work on film, does that help with anything at all.

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Since you husband is not in the U.S. he cannot adjust his status. Only people in the U.S. can adjust their status. Instead, you must file an I-130 petition for him and they apply for immigrant visa process at the U.S. Consulate in Montreal. It appears you husband is inadmissible to the U.S. for 10 years based on what happened at the airport. Therefore, he will also need to "waive" the 10 year bar in order to return sooner. Your husband's situation is very complicated and should be handled by an immigration attorney.
Answer Applies to: California
Replied: 3/22/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
He was barred because he overstayed. You need to apply for a waiver to admission bar in order to bring him over. You should work with a lawyer on that. You are more than welcome to contact us for assistance.
Answer Applies to: Florida
Replied: 3/22/2011
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