Completely Lost :/

[vands7686 0]

Hi everyone! I'm new to this site and I'm COMPLETELY LOST! I have no idea if this is where I should post this but I have no idea what my first step should be besides explaining my situation and begging for help :/. So a little about myself and my spouse:

My husband and I have been married for about a year. When I met him I didn't know he wasn't an American citizen because it didn't cross my mind nor did it matter. Well I was told by him and his family that his Mom was a citizen and had gotten her citizenship through work about 25 years ago. When my husband first came he was a kid and they were snuck into the US illegally. After becoming an adult my husband said he got his work permit which he maintained until we got married about a year ago. After getting married my husband let his work permit lapse (I was told this was a horrible decision on his part but I have no idea how any of this works). Now we are trying to get him his green card but neither of us seem to know how to do this besides hiriing an attorney which we can't afford right now. We were also told that since my husband has two DUIs from before I even met him that we would have to go through an attorney to get him a green card.

My questions:

Where do I start on this site? I was told there was a checklist sort of thing.

How do we find out what kind of visa/work permit my husband has?

Does my husband letting his work permit lapse mess us over?

Will my husband having two DUIs require us to have to hire an attorney?

[belinda63 3,038]

So his mother was in the US legally? and he came by sneaking across the border and just never left. His mother didn't or couldn't obtain citizenship for him through herself (when she became a citizen) because he was never legally here. How did he obtain a work permit?

As far as I know if he came over the border he never had a work permit. Yes, the two DUI's can be a problem. If he did not enter the country legally I think he is going to have to leave the country to obtain a visa to return to the US to obtain a green card.

[vands7686 0]

So his mother was in the US legally? and he came by sneaking across the border and just never left. His mother didn't or couldn't obtain citizenship for him through herself (when she became a citizen) because he was never legally here. How did he obtain a work permit?

As far as I know if he came over the border he never had a work permit. Yes, the two DUI's can be a problem. If he did not enter the country legally I think he is going to have to leave the country to obtain a visa to return to the US to obtain a green card.

No, from what I'm being told/understand, his mom came here legally and was given citizenship through her job in the fields. She brought them, him and his siblings, illegally. Once his mom was a full citizen she signed them (his dad, him, and siblings) up under her citizenship, that is how he got his work permit. He had a valid work permit for years and kept renewing it until right after we got married he let it lapse.

[Darnell 8,478]

we focus more on the 'plain vanilla' stuff where a foreign student marries a uscitizen whilst still in status, and chases a green card via adjustment of status,

or

someone has a foreign spouse or fiancee overseas and wants them in the USA so they chase after a VISA and subsequent green card.

what you've described isn't so common here at this web portal - as

it smells like he needs a waiver to obtain a visa (and not adjustment of status).

There's been some new movement in the field of waivers for Mexican Nationals that fit the same criteria as your husband -

you can study more about it at another website -

http://immigrate2us.net

They focus on these types of cases and are more up to date with this new waiver process for Mexican Nationals that have married USCitizens.

Good Luck, and God Speed !

[vands7686 0]

we focus more on the 'plain vanilla' stuff where a foreign student marries a uscitizen whilst still in status, and chases a green card via adjustment of status,

or

someone has a foreign spouse or fiancee overseas and wants them in the USA so they chase after a VISA and subsequent green card.

what you've described isn't so common here at this web portal - as

it smells like he needs a waiver to obtain a visa (and not adjustment of status).

There's been some new movement in the field of waivers for Mexican Nationals that fit the same criteria as your husband -

you can study more about it at another website -

http://immigrate2us.net

They focus on these types of cases and are more up to date with this new waiver process for Mexican Nationals that have married USCitizens.

Good Luck, and God Speed !

So if I'm understanding you correctly, this site can't really help us because of our cases' complexity?

[Darnell 8,478]

yup.

firstly, he cannot adjust status because of how he entered the USA

second, he has to chase down a visa.

thirdly, there's a new waiver system in place that supposedly allows him to remain in USA whilst the waiver is processing, and the waiver can be filed prior to the visa interview.

It's waaaaaaaaaay beyond the scope of the membership here - maybe 1 or 2 or 3 folk will know all the details, but ..

that other site? it's about 100 focused on the waiver process.

[vands7686 0]

yup.

firstly, he cannot adjust status because of how he entered the USA

second, he has to chase down a visa.

thirdly, there's a new waiver system in place that supposedly allows him to remain in USA whilst the waiver is processing, and the waiver can be filed prior to the visa interview.

It's waaaaaaaaaay beyond the scope of the membership here - maybe 1 or 2 or 3 folk will know all the details, but ..

that other site? it's about 100 focused on the waiver process.

I'm registering at the other site. but what does it mean when you say he's chasing down a visa?

[Jawaree 718]

So where is mom ...she around to prove citizenship or do you have some proof?

somehow he had to get something done formally to obtain a work permit even

if he got there illegally as child, if mom is a citizen before he became age 18 maybe

there might be hope, however don't get your hopes up until you have consulted with

an immigration atty.or try a legal aid clinic if the funds are a problem. You can also ask

a question at Laurels chat at immigrate2us website by next Tues evening and get answers

she's an expert

[Darnell 8,478]

I'm registering at the other site. but what does it mean when you say he's chasing down a visa?

We all chase things, visas, adjustment of status, removal of conditions, etc.

It's a long and arduous process. Hence 'the chase' ...

I don't think he'll be allowed to chase after an adjustment of status (this is done solely in the USA, btw)

but instead,

must to chase down a spousal visa, IR-1 or CR-1, ultimately with an immigrant visa interview in Cuidad de Juarez, US Consulate, Immigrant Visa Unit. We do have a guide for that visa - many of us chase that here. What makes your stuff different is that:

1. he's a Mexican National that entered illegally and

2. since you're married to him, there's another waiver process that

3. still requires one to chase after a visa.

I hope I was clear or clearer ?

Edited May 2, 2013 by Darnell

[vands7686 0]

So where is mom ...she around to prove citizenship or do you have some proof?

somehow he had to get something done formally to obtain a work permit even

if he got there illegally as child, if mom is a citizen before he became age 18 maybe

there might be hope, however don't get your hopes up until you have consulted with

an immigration atty.or try a legal aid clinic if the funds are a problem. You can also ask

a question at Laurels chat at immigrate2us website by next Tues evening and get answers

she's an expert

His mom is around to prove his citizenship and I'm not sure if she got her citizenship before he was 18. Thanks for the tip about immigrate2us website, I will have to search that chat.

[Darnell 8,478]

----

fwiw, I could, of course, be dead wrong.

Is possible that the status he had prior to 'losing it' could still be tied to his mother's USCitizenship status, if he qualified under a prior amnesty program (which is covered a lot over at immigrate2us.net )

[vands7686 0]

We all chase things, visas, adjustment of status, removal of conditions, etc.

It's a long and arduous process. Hence 'the chase' ...

I don't think he'll be allowed to chase after an adjustment of status (this is done solely in the USA, btw)

but instead,

must to chase down a spousal visa, IR-1 or CR-1, ultimately with an immigrant visa interview in Cuidad de Juarez, US Consulate, Immigrant Visa Unit. We do have a guide for that visa - many of us chase that here. What makes your stuff different is that:

1. he's a Mexican National that entered illegally and

2. since you're married to him, there's another waiver process that

3. still requires one to chase after a visa.

I hope I was clear or clearer ?

I would think he would need a change of status becuase even though he entered the US illegally as a child he did get his work permit and was allowed to stay in the US. It is only recently he let his work permit lapse.

[Jawaree 718]

Go register at immigrate2us and read some threads over also ask questions

they will need some info to give you answers ... R U calling an old GC permit??.good luck

[vands7686 0]

Go register at immigrate2us and read some threads over also ask questions

they will need some info to give you answers ... R U calling an old GC permit??.good luck

I just registered for immigrate2u and I'm just waiting on them to approve me. What is a GC permit?

[Darnell 8,478]

are you calling 'an old green card'

a

'work permit' ??