Where to start I need my husband to get a permission to fix his immigration status while in the US

[xmgirl 4]

Hello and thank you for any advice of my situation.

 

I have been a US citizen for 4 years now.

I would like to start filing to petition my husband who is undocumented here in the US, he has been here 20 years illegally. He said has 2 entries where the USCIS took his fingerprints. I have made the decision to move back to Mexico with him but we would like to know if there is any possible small line of faith that we could fix his immigrant status here in the US. I have been thinking that Biden may change the laws and remove the law and he could fix his situation. I know he will have to pay for getting the FOIA requests but I am wondering if anybody in this forum have tried until the last resource and have had success with a case like this.

[igoyougoduke 1,662]

did he enter the US legally the last time he entered US ? if so overstay will be waived on marriage to a US Citizen. It all depends on whether he entered USA legally or illegally ? you can file a green card petition for him. No one can predict what Biden will / can/ wont/can do. as of now you have to deal with what is current law 

[Coco8 1,042]

I'm confused. Are you in the US with him right now? Because as @igoyougoduke said, if he entered legally, there is a waiver for overstaying.

 

If he entered illegally, you will need a very good lawyer, because it wouldn't be a "do it yourself" type of case. Though I defer to others that have more experience on with these cases.

Edited February 6, 2021 by Coco8

[xmgirl 4]

He entered to this country unlawfully back in 1997, previous to that entry he have already tried to entered and had been deported back to Mexico. So he said the first time he was deported they took his fingerprints and told him not to return. 

[aaron2020 11,651]

Illegal entry after a deportation is a felony.  It's likely a permanent bar from the US.  

Not a DIY.  Please talk to a competent immigration lawyer.  

[Unlockable 7,315]

40 minutes ago, xmgirl said:

He entered to this country unlawfully back in 1997, previous to that entry he have already tried to entered and had been deported back to Mexico. So he said the first time he was deported they took his fingerprints and told him not to return. 

 

1 hour ago, xmgirl said:

Hello and thank you for any advice of my situation.

 

I have been a US citizen for 4 years now.

I would like to start filing to petition my husband who is undocumented here in the US, he has been here 20 years illegally. He said has 2 entries where the USCIS took his fingerprints. I have made the decision to move back to Mexico with him but we would like to know if there is any possible small line of faith that we could fix his immigrant status here in the US. I have been thinking that Biden may change the laws and remove the law and he could fix his situation. I know he will have to pay for getting the FOIA requests but I am wondering if anybody in this forum have tried until the last resource and have had success with a case like this.

 

So he has multiple issues with entering illegally?

 

That is going to big a big issue as the previous deportation (catch and release) is on record.

 

Biden is NOT going to change the law of illegal crossings. Please do not even get your hopes up for that. Border security, including defining crossing the US border without proper authorization and inspection illegal, will always be a thing. 

 

With that said, there is a path for him but is long, difficult, and expensive. And you will likely need a very good, experienced immigration lawyer. You will have to establish domicile in the US. Then apply for him for a spousal visa. But you will have to apply for a waiver since he likely has a lifetime ban for multiple illegal entries. This process is going to take years and cost thousands of dollars.

[TBoneTX 45,567]

10 hours ago, Unlockable said:

This process is going to take years and cost thousands of dollars.

And with absolutely no guarantee of success.

[millefleur 5,047]

Consult with a competent immigration lawyer who preferably has experience with this kind of situation. A good lawyer will be honest with you upfront about the cost/difficulty of the situation. I recommend calling around/researching to find someone who can take the case, and be prepared to part with thousands of dollars as unfortunate, difficult legal situations are not cheap.

Edited February 7, 2021 by millefleur

[HRQX 4,145]

14 hours ago, xmgirl said:

He entered to this country unlawfully back in 1997, previous to that entry he have already tried to entered and had been deported back to Mexico.

In 1997, when exactly did he enter? https://www.nolo.com/legal-encyclopedia/the-permanent-bar-immigration-certain-repeat-violators.html "people who last reentered the U.S. before April 1, 1997 after a previous deportation are not subject to the permanent bar."

[Duke & Marie 1,389]

7 hours ago, HRQX said:

In 1997, when exactly did he enter? https://www.nolo.com/legal-encyclopedia/the-permanent-bar-immigration-certain-repeat-violators.html "people who last reentered the U.S. before April 1, 1997 after a previous deportation are not subject to the permanent bar."

If he entered illegally though how would you prove you entered before April 1 and not after? Not like they have an I94 or passport stamp

 

@OP.. if you’re planning to move back to Mexico what’s the point of fixing his status first? GC holders can’t live outside of the country for extended periods without risking losing it.

Edited February 7, 2021 by Duke & Marie

[Boiler 45,711]

17 minutes ago, Duke & Marie said:

If he entered illegally though how would you prove you entered before April 1 and not after? Not like they have an I94 or passport stamp

 

@OP.. if you’re planning to move back to Mexico what’s the point of fixing his status first? GC holders can’t live outside of the country for extended periods without risking losing it.

This is the crux, he may well be 9C but it really does not matter if he is leaving anyway,

[xmgirl 4]

21 hours ago, Duke & Marie said:

 

@OP.. if you’re planning to move back to Mexico what’s the point of fixing his status first? GC holders can’t live outside of the country for extended periods without risking losing it.

As I mention we want to see what are the possibilities for him to get a legal status here. He wants to live here permanently. But if the chances are just very expensive and difficult I don't see the reason of staying here and him being illegal. It is so sad he has not seen his family back in Mexico for years, his mother is very old. It break me in tears to see him so separated from his mother and brothers. I feel the US is just too cold and so money oriented. 

[Boiler 45,711]

Well it is doable, assuming he is not 9C.

[xmgirl 4]

Also to add to this case. Now I am understanding while he was twice sent back to Mexico being at the border. These were not deportations. Then he had a Entry Without Permission (EWI). So I am assuming he may qualify for a I-601 waiver. But gosh if lawyers were not just always so expensive!.

 

[HRQX 4,145]

9 minutes ago, xmgirl said:

Now I am understanding while he was twice sent back to Mexico being at the border. These were not deportations. Then he had a Entry Without Permission (EWI).

Specific dates also matter since the law significantly changed on April 1, 1997.