how can my sister make her husban legaly in the US?

Question

need help., My sister married my brother-in-law who is a mexican,. he's been in the U S for more than 10years my Sister is a US Citizen. they got married here in the U S and now he/they were thinking of moving back to mexico because they dont know what to do, and i dont either,. how can we get him legallized in the US. he is a good man and hard working man.

Answer 1

Easiest way is to go get an immigration lawyer. If you don't have the money for that just go to immigration website and download the forms you need
I don't know where you are from, but here in Idaho there is a place called La Posada, they helped my husband get his citizenship- he was a resident alien for almost 10 years and decided to do this- it was nice, I had to do nothing!!!
Be aware- last I heard it is quite a bit of money to apply, and once they set you up he has to go back to Mexico until they give him an appt. I had a friend whose wife had to go for 3 months. Also just a hint- if you do all the paperwork yourself KEEP COPIES of EVERYthing. The reason I didn't want to deal with the citizenship thing was I hadn't kept copies of the original application, and I couldn't remember the port of entry, and if one little thing doesn't match- they can keep your money and you have to reapply.

Answer 2

The short answer is they should find an immigration lawyer or a non-profit/legal aid person who specializes in immigration to sit down and go over the situation. The law is so complex and every situation is different, and you probably won't get a suitable generic answer here.

Your sister can file for her husband to get a visa and it should be approved, assuming she meets the financial and other qualifications. The problem is her husband then needs to get the visa/green card. The rule of thumb is that persons not legally in the US cannot get a green card in the US; they have to their home country and get the visa from the consulate. If a person has been in the US for more than 1 year illegally, however, that person cannot get a visa to come back for 10 years after leaving the US. A waiver is available for extreme hardship, but you should ask an expert for advice on filing the waiver. If he goes to get the visa at the consulate in Ciudad Juarez, Mexico and the waiver is not approved, he will be stuck outside the US for a decade. Even if the waiver is approved, he may be stuck outside the US for 6 months or more while the waiver is being processed.

Depending on his situation (when he came to the US, how he came, etc.), he may have other options. Persons who were in the US on Dec. 21, 2000 and who had papers filed for them (family petition, labor certification) before April 30, 2001, can often get a green card in the US after paying a $1000 fine. INA section 245(i). If he came into the US with a visa of any kind (work, student, tourist), he may also be eligible to get a green card in the US. Even if he isn't eligible to get a green card in the US, he may be eligible for cancellation of removal if the government tries to deport him. If he gets cancellation from the immigration judge, he will get a green card.

Answer 3

If your sister is, in fact, a US Citzen, she can file for him as an Immediate Relative. (If she's a legal resident, his status will be a different category.) It's up to INS to decide what to do with him, since he's apparently illegal here. Being married to a US Citizen helps, but does not guarantee that he can stay longer. Generally, a decision can be appealed, but it's very difficult for a non-lawyer to do a decent appeal.

If he (and she) go to Mexico, he's still eligible for a visa as a spouse of a US Citizen. Processing time will go quickly, though the backlog of other applicants may take awhile. Countries with lots of applicants take longer. (If he were from Iceland, it'd be a matter of days, I think. But being from Mexico, the wait could be months.

Best bet- go see someone at the INS office and ask them what your sister could do. If you don't make any headway with INS, look for a referral from your county bar association for "immigration attorney."

How long he's been here isn't very relevant. And I hope he's got no criminal history- even something as common as a DUI may hurt him. Good luck!

Answer 4

If your brother-in-law entered the United States illegally (which is what I am gathering from the way you worded your question) then it is impossible for him to change his status within the United States and it is impossible for him to be here legally when he entered illegally.

He must return home to Mexico and enter the United States legally.

For this to be done, your sister would stay in the United States, he would return home and your sister would start the CR-1/IR-1 petition process by filing Form I-130, Petition for Alien Relative.

If your brother-in-law entered the United States legally then he can simply file to adjust his status by filing Form I-485 - This can only be done if he is here legally.

If he entered illegally, he as not ground to stand on a must return home and enter the country legally under the CR-1/IR-1 process I outlined above.

Answer 5

If he came into the US illegally, she can file a petition for him. However, having been in the US for that long illegally will mean that he will have to leave and go to Mexico and go for an interview. The US Citizen will have to prove that it causes hardship to her if her husband cannot come back in.

There are no guarantees with this process and he could be denied.

Step by step outline:

http://immigrate2us.net/forum/showthread.php?t=2395

That site also has many sample hardship letters.

Good luck

Answer 6

Can you contact a local immigration advocate group in your area? Or is there legal aid for you? You may have to go to an immigration lawyer and seek advice but I don't know if I would trust that your brother in law would be safe from deportation. In my experience they will just grab him and throw him back over the border with no time to make arrangements for anything. It seems to me that if your sister were a legal US Citizen that your brother in law would be able to get citizenship through her. Especially if they had been married for 10 years.

Answer 7

Marrying your sister should be enough. I hope so.

God Bless