Any Advice Is Helpful -

[heather_0518 0]

Hello everyone! Thanks for taking out the time to read my post. I am completely brand new at this site and not sure of anything right now, please allow me to explain why... I am trying to learn everything that I can to help my husband become a citizen here in the US. I know, I know, this is becoming an old story. Seems everyone is out there searching for answers with little to no one knowing the answers. My husband and I married in June of this year. So we have not been married long, but we also have our first child together. (I have one other child from a previous abusive marriage). My husband is from Mexico, and has been here illegally for 8 years. He returned to mexico to try for a visa but was turned down and told to wait a year because he had already been here. so he didn't wait and we have talked to some people and their advice was to wait till we reach 2 years of marriage. I can do that, but can anyone please PLEASE tell me any advice they have, what we need to do, what might happen, etc. I love this man with all my heart and can't imagine losing him! thank you!

[Johnnie J 0]

Hello everyone! Thanks for taking out the time to read my post. I am completely brand new at this site and not sure of anything right now, please allow me to explain why... I am trying to learn everything that I can to help my husband become a citizen here in the US. I know, I know, this is becoming an old story. Seems everyone is out there searching for answers with little to no one knowing the answers. My husband and I married in June of this year. So we have not been married long, but we also have our first child together. (I have one other child from a previous abusive marriage). My husband is from Mexico, and has been here illegally for 8 years. He returned to mexico to try for a visa but was turned down and told to wait a year because he had already been here. so he didn't wait and we have talked to some people and their advice was to wait till we reach 2 years of marriage. I can do that, but can anyone please PLEASE tell me any advice they have, what we need to do, what might happen, etc. I love this man with all my heart and can't imagine losing him! thank you!

You could wait 2 years before filling AOS. Best advice get a good lawyer and the worst case scenario he gets deported. Illegal presence in the US is punished, not that I want to turn down your hopes. Best way is to hire a real good inmigration attorney. Hope everything works out!

[Heliosphan 1]

So he's here without a visa?

That's a problem. If he had a visa at least or was inspected before coming into the country then any overstay would be forgiven.

I think (I'm no expert) that him being here without being inspected at any port of entry doesn't allow him to be able to adjust status. But immigration lawyers can always find a way to make these things work out. It's really beyond the scope of most of us. But you never know, someone on here might have more insight so at least this thread might get bumped up so they can see it.

Edited September 24, 2008 by Heliosphan

[Shakil 4]

Hello everyone! Thanks for taking out the time to read my post. I am completely brand new at this site and not sure of anything right now, please allow me to explain why... I am trying to learn everything that I can to help my husband become a citizen here in the US. I know, I know, this is becoming an old story. Seems everyone is out there searching for answers with little to no one knowing the answers. My husband and I married in June of this year. So we have not been married long, but we also have our first child together. (I have one other child from a previous abusive marriage). My husband is from Mexico, and has been here illegally for 8 years. He returned to mexico to try for a visa but was turned down and told to wait a year because he had already been here. so he didn't wait and we have talked to some people and their advice was to wait till we reach 2 years of marriage. I can do that, but can anyone please PLEASE tell me any advice they have, what we need to do, what might happen, etc. I love this man with all my heart and can't imagine losing him! thank you!

Unfortunately, the situation is not favorable BUT it is not hopeless. To what my understanding is that your husband was here in US as EWI (Entry without Inspection). He lived here for 8 years and went back. Now, did he go back or was he deported back. If he went back, was he inspected when he was going back, meaning fingerprinted etc?

There is a 10 year bar for EWI's but there is a waiver as well. Since he is out of US, he cannot do AOS. Even if he was in US, because of EWI, he would not be able to do an AOS. You have to file an I-130 petition for him. Once the process goes through, he is going to apply for an Immigration Visa, a CR-1 but he would be turned down because of his previous EWI but also would be given a waiver to be filed. He would have to file the waiver and if it goes through he would receive the immigrant visa and come to US. Unfortunately if it gets refused, he would have to stay there for 10 years.

I believe you should consult with a good attorney immediately. Also visit www.immigrate2us.net for information regarding Waivers.