PLZ HELP IF U CAN NEED SOME INFO

[MyLuv4OurFam 0]

Hi people

well to start off my story is that I'm trying to fix my husbands status. He was sent here by his parents illegally when he was 3 years old and i was wondering what process is necessary for us to get him a green card,how long will he whole process take and about how much would it cost with a lawyer and one of my big worries is if they are going to make him go back to mexico for some time and if so for how long?also other info about us is that we have been married for 4 years and we have two children he's 22 and i'm 21 has anyone in here been in our situation if so please help thank you.

[LlamaInvasion 76]

What do you mean when you say he was sent here illegally? Did they smuggle him across the border without inspection? Or did he enter the country in a lawful manner, and then just never left? The way he entered the country is significant.

[kzielu 1,147]

Hi people

well to start off my story is that I'm trying to fix my husbands status. He was sent here by his parents illegally when he was 3 years old and i was wondering what process is necessary for us to get him a green card,how long will he whole process take and about how much would it cost with a lawyer and one of my big worries is if they are going to make him go back to mexico for some time and if so for how long?also other info about us is that we have been married for 4 years and we have two children he's 22 and i'm 21 has anyone in here been in our situation if so please help thank you.

If he entered without inspection, he will have to leave the country and will get 10 year ban (since it is more than 3 years since he turned 18 years old) which you can potentially overcome with a waiver - you'll need a lawyer's help most likely to do that.

[MyLuv4OurFam 0]

He didn't enter three years ago they smuggled him in when he was three years old...

[milimelo 4,237]

Moving to IR-Cr-1 forum as that's what you will be doing. He can't adjust status because he entered as EWI>

AOS from tourist, student, work visa.

OP, whatever you decide to do, you need to understand the only option you will have is to get your husband back to Mexico. Once I-130 is approved, at his interview in the embassy he will be denied for overstaying and for entering without inspection. At that time you will need to file waivers I-601 and I-212 which will need to be approved before he will be allowed back into the US.

Be prepared for a long wait and a lot of $$$ for lawyers. Laurel Scott does Wednesday free chats, so you may want to contact her - she has a lot of experience with Mexico waivers.

Edited August 10, 2011 by milimelo

[LlamaInvasion 76]

He didn't enter three years ago they smuggled him in when he was three years old...

kzielinski didn't mean that he entered three years ago, but that it's three years ago since he turned 18.

Since your husband entered without inspection (smuggled across the border), he started accumulating overstay the second he turned 18 (whereas as long as he remained a minor, overstay wasn't accumulated). Three years worth of overstay is long enough that he will get a 10-year ban. He cannot adjust status from within the US either, since he doesn't have a status here and never had one in the first place.

I agree with milimelo.

[ateneaalexander 10]

Hi people

well to start off my story is that I'm trying to fix my husbands status. He was sent here by his parents illegally when he was 3 years old and i was wondering what process is necessary for us to get him a green card,how long will he whole process take and about how much would it cost with a lawyer and one of my big worries is if they are going to make him go back to mexico for some time and if so for how long?also other info about us is that we have been married for 4 years and we have two children he's 22 and i'm 21 has anyone in here been in our situation if so please help thank you.

I agree with milimelo BUT.. you need to go to this site http://immigrate2us.net/forum/forum.php they have experiense with this situations.

Edited August 10, 2011 by ateneaalexander

[MyLuv4OurFam 0]

K thanks well i talked to three lawyers and they all let me know he won't b leaving the country just for his interview n he won't be band n it will cost around 3,000

[Done--Really 331]

Do NOT listen to those lawyers--these cases rarely cost less than $5000, and often much more. LISTEN VERY CAREFULLY--you must go to www.immigrate2us.net as suggested before and you MUST talk to Laurel Scott--she is among the very best for this type of situation.

DO NOTHING else before you talk to her--your whole future hinges on it.

[kzielu 1,147]

K thanks well i talked to three lawyers and they all let me know he won't b leaving the country just for his interview n he won't be band n it will cost around 3,000

All they're trying to do is get your money. They tell he will not be leaving country cause this is exactly what you want to hear. Read what is written above and consult a good lawyer. As written above - your husband has no status to adjust from, no way he can stay - unfortunately.

[MyLuv4OurFam 0]

thanks and ill take your advice ill keep looking intill i find a good lawyer i appreciate your help but im bummed out about what you have told me well if he does have to go back hopefully it wont be for a long time well even a short time will be a long time for me and my family but as my dad always says"to have a better life you got to sacrifice and suffer a little bit"

[Done--Really 331]

Assuming he has been here 3 years after his 18th birthday, AND that he has NEVER left the US and re-entered after turning 18, he will most likely have a 10-year ban, and he MUST return to Mexico at some point for a visa interview in CDJ where they will impose the ban. Once imposed, you can file for a waiver, and if there is nothing else in his background--other immigration issues, drug use, gang membership, criminal activity--they will most likely issue a waiver--it can easily take a year, and much longer if there are any issues.

Don't waste your time looking for lawyers--contact Laurel Scott as mentioned, and she will tell you exactly what will happen and how long it will take.

[Anh map 2,098]

Laurel Scott's online chats are a great resource. Definitely go there to gather info.

Best of luck.