Comstock, TX Immigration Law Firms & Lawyers

The answer depends upon your status. If you have no status, your husband may have to wait until Congress passes a legalization act. If you are a US citizen or permanent resident, you may be able to take advantage of the Administration's I-601A program under which you would file an I-130 petition for alien relative, have that approved, and then submit an I-601A application for a waiver of illegal presence during the time that he is still here in the US. That application is based upon establishing extreme hardship to you if the waiver is not granted. The waiver would be adjudicated during the time that your husband is here, and dependent upon the results, he would then decide whether to continue his immigration. Assuming that it is, he could then consular process for an immigrant visa interviewing overseas at the American Embassy or Consulate in his home country. As you say that your husband has a clean record, no criminal background, and did not enter with a visa, his interview would be like any other immigrant visa interview since the I-601A waiver would excuse his illegal presence in the US. Kindly note two other things – if you are a lawful permanent resident, the I-601A program will not be expanded to persons in your class until spring 2016 most likely, but it would take approximately 6 months anyway to have the I-130 petition approved. Second is that the I-601A waiver only excuses illegal presence and not any other grounds of inadmissibility such as drug addiction, chronic alcoholism, membership in the Communist Party or terrorist organization, etc. 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 a 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.

If she had a visa when she entered the US, she does not need a waiver. An immigrant visa is not immediately available to her, however, because she is an adult. But one of your parents should go ahead and apply for her now anyway. She will not be immediately eligible for employment authorization, but she does not need a waiver of her unlawful presence either (because she entered with a visa and thus was legally admitted and inspected).

She can apply for a fiancé visa and after 90 days of being admitted she must get married to you. Once you are married she can apply for her green card by adjusting her status. The second way is to get married in Mexico and then have her apply at the consulate for her resident status. Each is taking about the same processing time, roughly 8 to 11 months, the fiancé visa is taking slightly shorter time. Attorney Stephen Black, licensed in Tx and Fl