Chipley, FL Immigration Law Firms & Lawyers

Your husband has made an awful mess of the situation. Appears to me that he is now subject to what is commonly referred to as the "permanent bar" described at ?212(a)(9)(C) of the Immigration and Nationality Act. What does this mean? A foreign national who has accrued a period of one year or more of "unlawful presence" in the US will be barred for ten years from returning. There is a "waiver" available to get around this problem if the foreign national can establish that it would be an "extreme hardship" to his spouse or parent (who is a resident or citizen) if he is not permitted to return. However, if that same person then attempts to come to the US illegally the foreign national is now barred for ten years and cannot file a request to have that bar "waived" until he has remained outside of the US for ten years. So the first bar permits the foreign national to apply to have the bar waived at any time before the expiration of the ten year penalty. The second bar requires that the individual reside outside of the US for ten years before being able to file the waiver application to return. There are few penalties under US immigration law which are much worse or much harsher than this one. The purpose here is to deter people from frequent violations of the immigration laws and the conduct n which your husband engaged is impossible to fix without waiting an extended period of time to fix it. I completely understand the difficulties which are apparent when situations such as these create separated families. But we are a nation of laws and a nation with a border. When those laws are violated and the border not respected, the penalties which can be imposed are very harsh. Be careful out there, attorneys and others will tell you that they can help when they can't. I encourage you to seek the advice of a competent and knowledgeable attorney. Just make sure that you are dealing with someone who is licensed and someone who has the qualifications to provide you the advice that you need. Good luck.

If your parents are already here in the country and they entered with a visa or on parole, they would not have to leave if you applied for their permanent residence. You would file form I-130 relative petition for both of them (two forms) and they would concurrently file I-485 adjustment of status applications. Both petitions and applications would be filed at the same time with fee and relating documentation to that Chicago lockbox of USCIS. The process takes approximately 7 months and your parents may or may not be interviewed depending upon the decision of USCIS. Due to the limitations of the lawyers.com forums, Alan Lee, Esq.’s (the firm) participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting the question. No attorney/client relationship is or shall be construed to be created hereby. The information provided herein by the firm is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice, nor as the basis for making any decisions of legal consequence.

*Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.