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Myron R. Morales
Myron R. Morales, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 686
Experience:  Over eight years of experience practicing immigration law.
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My husband is an illegal immigrant, how can he become legal

Customer Question

My husband is an illegal immigrant (crossed the border illegally). We have an 18 month old son and I work earning $300 a week before taxes. We have spoken with 3 different immigration attorneys and I have been to the uscis office on many occasions asking questions. I get different answers in all cases. We just spoke with an attorney who said he can help us. Before I send him any money I want to know for sure he is legitimate. Can my spouse be helped? My son and I have asthma (my son''s is severe) and I have fibromyalgia so I am technically disabled. I am an Amercian Citizen and my husband has been here for 7 years. He crossed the border when he was 17. He has paid taxes for 5 of the 7 years he has been here. What can we do?
Submitted: 6 years ago.
Category: Immigration Law
Expert:  EMJ1219 replied 6 years ago.

DearCustomer

This does not sound quite right. However, I can not say that this attorney could not help. Attorneys have a different experience, with regard to their practice. Some attorneys have discoverd a process and way to maneuver a case such that they could get something accomplished.

This attorney may have, as some do, a working relationship or rapport with the court and officers of the court such that they have built a strong center of trust that where they legally apply the law and are able to get things processed quickley.

However the general experience is that in this situation, when a person departs the U.S. under normal conditions, they would have to at least sign a voluntary departure form and receive a bar to re-entery. Such a bar requires a waiver which, under normal circumstanceds takes on average 6 to 18 months. It is possible to get a judge to hear a case requesting hardship waiver, and be able to enter much sooner. But, hardship waivers on average are approved only 25% of the time.

If your husband were to somehow get an attorney escort into Mexico in a way to avoid the bar, he could legally gain entry within a few days. But that assumes a lot, and I can not corroberate whether your new attorney contact can make this happen.

I woud feel more comfortable if he were so sure, that he would take a down payment term with a balance paid upon performance. I think you are taking a big risk for your money. A down payment of say 1,000 up front and the balance on his re-enter into the states would be more fair.

I would feel more comfortable if you would do a phone consult with a repesentative of the following company: http://www.fragomen.com

 

Customer: replied 6 years ago.
This attorney only deals with K-1 and K-3,Visas. They are endorsed by the BBB and AILA. The attorney would accompany my husband into Mexico where they would appear in front of the consolate in Juarez Mexico. From there they would present the waiver due to him being married to an American Citizen and it being extreme hardship for me financially without him in the US due to us having a son. They would also present that my son and I both have asthma and I have fibromyalgia and therefore need to be in the states to receive the medical care we need (we'd get doctor's notes for that).

Do you know the actual law for immigration with marriage to an american citizen? IF you don't do you know who does?
Customer: replied 6 years ago.
Well I waited for a response before I accepted your answer, but I found another website immigrate2us.net. I found out there that if you EWI twice its an automatic 10 year ban and you can't do the I601 until 10 years have been served outside of the US. My husband was caught 3 times in Mexico, en la frontera, but was never fingerprinted. I don't want him to lie, and we won't, but if he did what's the chances they'll know he EWI'd twice?
Expert:  Myron R. Morales replied 6 years ago.

I think that this attorney if offering you more than what is actaully possible. My colleague was right to question this. Attorneys are not allowed into the Consulate at Cd. Juarez, so there is no way that they could represent you. There is a pilot program that allows the waiver application to be done in 3 days, but whether you are placed in that program is up to the discretion of the officer. If you do not have a very strong case, then you get put in line with everyone else and have to wait a minimum of six months for the waiver to be approved.

Yes, the 10 year bar is automatically applied when he leaves the US. The waiver can be applied for before the 10 year bar is up. You don't have to wait for 10 years to pass, as at that point there is no need for the waiver as the bar time has been served.

If he has been previously deported, then you have another problem on your hands and may need another waiver. If there are any records, regardless of fingerprinting, he may have a permanent bar. It is very difficult to get a permanent bar waived.

Myron R. Morales, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 686
Experience: Over eight years of experience practicing immigration law.
Myron R. Morales and 2 other Immigration Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you for your answer. I am a little confused on the permament bar and 10 year bar. My husband has never been deported and never had any problems with the law in the US. He has never done drugs or alcohol either. Is the permament bar for life or is that the same as 10 years? Thanks for your help. I'm accepting your answer as soon as I post this reply.
Expert:  Myron R. Morales replied 6 years ago.
If he was caught at the border and sent back, that is a deportation. The permanent bar can be waived in very limited circumstances.

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Myron R. Morales
Myron R. Morales
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Over eight years of experience practicing immigration law.