Don't even know where to start

[DkAaliManMan 0]

I married my husband he is from Mexico came here illegally I have a daughter by someone else that he accepts as his own daughter and we just recently had a son together. We have gone to different attorneys and each time we have different answers is there even any chance to try and get residency or will he automatically be stuck back to Mexico since he crossed illegally?

[kcrb 24]

Was he crossed as a child? Or did he enter on his own as an adult? Did he enter on a tourist visa or did he cross without inspection? There are waivers, but it depends on the situation. What did the lawyers tell you? 

[DkAaliManMan 0]

He was 17.

Crossed illegally with coyote.

The one attorney said there is 70% chance he will be approved, but this was a year ago we talked to the 3 different attorneys. I'm not sure if the laws have changed. But something about Mexico having to accept the Perdon. 

[geowrian 22,338]

You've likely received different answers because there are different ways to approach your case. Each has their consequences. There is no "easy" option here...crossing the border without inspection is a huge immigration violation (I'm assuming that's what you meant by coming here illegally).

 

While this is not legal advice (please seek the assistance of skilled immigration attorney that deals with these types of cases), the first step is usually to file an I-130 for your husband. You cannot file for AOS at the same time due to the entry without inspection, thus he will remain having no legal status in the US. The next step would be to find out if there are any open removal proceedings/orders on him. If so, getting those cancelled would be necessary (which isn't too uncommon - but not guaranteed - when the I-130 is approved).

 

He will also likely need to return Mexico to interview for the visa. Exiting the US will incur a bar though, so even if the visa is otherwise approved he wouldn't be able to get it until the bar expires. There is an I-601A provisional waiver that can be filed to address this before he leaves. Otherwise an I-601 waiver would be needed after the initial denial at the embassy.

 

All of the steps above should be addressed with a skilled immigration attorney.

 

This is not cheap. This is not quick. This will be stressful. I'm just trying to prepare you for what's ahead. Good luck.

 

Edit: He was a child when he entered? Did he look into DACA? I'm not too familiar with DACA (sorry), but it would at least protect his stay in the US while the rest of the process goes on.

 

Edited May 5, 2017 by geowrian

[DkAaliManMan 0]

What's a bar mean? Like certain years he would have to stay in Mexico as penalty?

 

Would it be better to all go to Mexico and come over together? Or it doesn't make a difference? 

 

One attorney said 7k for the process and 1.5 to 2 year long process

 

[DkAaliManMan 0]

No we haven't looked into that because it was he came here by himself... didn't know if that made a difference....

[geowrian 22,338]

 

What's a bar mean? Like certain years he would have to stay in Mexico as penalty?

 

Would it be better to all go to Mexico and come over together? Or it doesn't make a difference? 

 

One attorney said 7k for the process and 1.5 to 2 year long process

Bar is like a ban from obtaining/using a visa (or similar travel document). Literally, "prevent or forbid the entrance or movement of."  But yes, it would mean staying outside the US for x years after his exit (10 years if the stay was over 1 year). That's what the I-601/I-601A waivers are meant to address.

 

Attending the interview is definitely preferred if you can. Staying in Mexico (legally, obviously) is a personal preference.

 

That sounds a low IMHO, but I'll admit that's certainly not my forte. Maybe others would have a better idea of the typical costs involved. I could be wildly wrong there (just being honest).

The visa process would take ~12-14 months, then the waiver will probably add 6-12 months to that. But those are estimates...it can be shorter or much longer, and nothing is guaranteed (with either the visa or the waivers). It also assumes there is no open removal proceeding/order.

 

No we haven't looked into that because it was he came here by himself... didn't know if that made a difference....

I did a quick Google search and it looks like he had to be under 16 when he entered to qualify (I didn't even get to the point of checking the other requirements since he doesn't meet that one). So I don't think DACA would apply.

Edited May 5, 2017 by geowrian

[Boiler 45,887]

Without knowing his full immigration and criminal history difficult to comment, I 601A would be the normal route if one illegal entry and nothing else going on.

[DkAaliManMan 0]

No record or anything like that, just got caught from immigration crossing and sent back but they have all his information. 

[Boiler 45,887]

So he is Mexico, that would be an I 601.

[Ryan H 3,819]

Moved from What Visa Do I Need - Family Based Immigration forum to Waivers forum.

[geowrian 22,338]

 

No record or anything like that, just got caught from immigration crossing and sent back but they have all his information. 

So he's not in the USA now? I didn't catch that from your earlier posts...

 

If so, then he needs the I-601 (I-601A requires being in the US).

[kcrb 24]

You need to ask the lawyer that was going to charge you 7k whether they will file the necessary waiver for you or if you will have to pay him/her again. The lawyer I hired is a legal correspondent for Univision and also has worked in the White House and has helped draft multiple immigration related bills, including DACA, and if only cost me $3700 for the entire process, not including court representation or if waivers need to be filed. 7k is highway robbery, because you also have to pay the fees out of your own pocket, which will amount to over 1k. Be very wary of the lawyers you hire. 

 

Entering with a coyote, without inspection, is a severe offense and they will ask in detail about it during the consular interview. He will more than likely receive a ban, which you will then have to file a waiver for. 

 

Edited May 6, 2017 by kcrb

[DkAaliManMan 0]

Sorry, he is here in the U.S. with me. And what attorney did you use if you don't mind me asking was it somebody local from around Chicago that you could refer me to to talk to

[Boiler 45,887]

 

No record or anything like that, just got caught from immigration crossing and sent back but they have all his information. 

So what does this mean?