I WANT TO SEE IF THERE ISNT ANY REAL WAY TO KEEP HIM HERE. AND FILE PAPER WORK TO HAVE HIM HERE LEGAL. WITHOUT HIM HAVING TO LEAVE THE COUNTRY
2007-08-04 14:13:59 · 19 answers · asked by Carol J 1 in Politics & Government ➔ Embassies & Consulates
Well, the best advice you've gotten so far is from Bruce 83. If he entered without inspection, meaning he didn't have a visa and just slipped over the border, he won't be able to become an immigrant while remaining in the US. Of course, as his wife and an American you can file the proper paperwork with USCIS, an I-130 IR-1 immigrant visa petition, but he'll still need to return home. If he's been in the US illegally for over a year, he's subject to a 10 year bar to receiving any sort of visa, immigrant or otherwise. However, he can apply for a waiver of the immigration violation through DHS, which does have an office in Mexico City. Now, that doesn't mean he'll get one simply for applying. But at least he can apply and he has a chance. If he remains illegally, he's subject to deportation, with or without an American wife, and unless the law changes sometime in the unforseeable future, there's no way to become legal while staying here. Getting a lawyer though is not at all a bad idea.
2007-08-04 17:07:00 · answer #1 · answered by George L 7 · 5⤊ 1⤋
i wish i could find an answer that you want to hear, but i cannot , you must do it the legal way in order to live in tranquility in both of your file from now on .
think if you got in a car collision, a stop sign violation ? and he gets arrested ? ??????????
there a lot of situations that will arise where he could get arrested for some simple situation.
some states do you recognize marriage if he does not have a social security card , so? you marriage may not be valid at all ?
my only advice is either you consult an Attorney that is well known in immigration ,and dealing especially with Mexico illegal immigrants ,to get some legal advice ?
or he goes back to Mexico and start the process legally ?
2007-08-05 22:43:58 · answer #2 · answered by HJW 7 · 0⤊ 0⤋
Being married to a US Citizen doesn't change anything anymore.
He'll have to leave the country, but it might be only for awhile.
First, you will have to file an 128F with the INS, and pay for it.
You'll have to ask the court if he can stay. The court will say, "No" and tell him he has 90 days to leave the country or else the country will deport him.
If he gets deported, he will have to wait 10 years to be reconsidered. If he leaves on his own within the 90 days, you can file a request for a temporary visa so he can wait in the US while the INS decides what to do with him. This is usually granted to other countries, but Mexicans aren't in favor with INS these days.
Still, it is worth a try.
2007-08-04 16:47:26 · answer #3 · answered by kNOTaLIAwyR 7 · 3⤊ 2⤋
When you don't know what to do, do nothing.
You can file for an I-130, and there is no harm in that. But he will have to go back to Mexico for the visa interview and there is a good chance that he will be caught lying about his unlawful presence and have to remain there for years before getting a waiver of the 10 year bar on re-entry.
Unless he is a felon, there is very little chance that he will be deported if he stays. An Immigration Reform law will eventually be passed, but if not, then after he has been here for 10 years, he can turn himself in and apply for a stay of deportation and be paroled.
Do not take my or anyone elses advice here. Make an appointment with a good immigration lawyer. If you cannot afford one, USCIS will give you a list of free ones.
2007-08-04 15:21:20 · answer #4 · answered by BruceN 7 · 7⤊ 2⤋
specific. in spite of the undeniable fact that, there are matters if the "unlawful" happens to be a guy. If he makes use of his spouse to grow to be a citizen and then divorces { that's the final result} he might desire to be deported. woman have an much less complicated time with that, even in the event that they nonetheless might desire to flow in the process the technique of visa's and legalization.
2016-10-09 05:49:00 · answer #5 · answered by riobe 4 · 0⤊ 0⤋
GET A LAWYER! these people aren't helping like they are supposed to they are just being rude. A lawyer will tell you what to do and what to file. If he wants to stay here he has to STAY here NOW. If he goes Back to his country he won't be allowed back in.
2007-08-04 15:58:00 · answer #6 · answered by Ivana la piba 1 · 2⤊ 3⤋
make sure that you file all papers correctly. Get a lawyer, WE DID THAT. Don't let him go becouse will be very hard for him to come in. believe me.
2007-08-04 14:22:03 · answer #7 · answered by burdalow 3 · 5⤊ 2⤋
Believe Bruce and George; ignore the other answers.
2007-08-05 00:03:58 · answer #8 · answered by dognhorsemom 7 · 4⤊ 2⤋
Go back home with him and come in the legal way. You are at this time helping a criminal.
2007-08-04 14:18:05 · answer #9 · answered by margie s 4 · 7⤊ 3⤋
IF he has not actually been deported or under a deporting date, you can. But it is their discretion to make him leave or not. They usually don't though if you are married.
2007-08-05 03:40:12 · answer #10 · answered by AveGirl 5 · 0⤊ 3⤋