Earth, TX Immigration Law Firms & Lawyers

If your nephew has a green card, he will have to wait until he is 18 and had the green card for 5 years (whichever is later), unless you legally adopt him before he turns 16, in which case it is a different procedure that can be started any time. If you nephew does not have a green card, you can obtain it for him either through adopting him or through a procedure under Special Immigrant Juvenile status. Both processes are legally complex and should be handled by a professional.

The spouse of a USA citizen does NOT need to be out of the country for you to file the I-130 visa petition for him. You have been getting some bad information, or perhaps misunderstanding what they have said. Ultimately, however, for step two of the process, if he entered illegally, he may have to leave the USA for a consular interview, but that's for an interview not for a "filing."

*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.