Girvin, TX Immigration Law Firms & Lawyers

I understand your frustration. Immigration law is a confusing area of the law. what to file, when and where depends on your husband's immigration history. The one thing I can tell you is that yes you will need a waiver. I would file the I-130 and the waiver called consent or permission to apply. Then at the embassy you will need to file another waiver.

If you have over 180 days of unlawful presence, and left the US, you have triggered a 3 year bar. Consult with an experienced immigration attorney to determine if you have accrued unlawful presence. You may not have if your J-1 I-94 is annotated as D/S, but you will need to provide all your immigration documents for a full analysis.

There's no quick solution to your situation. If your mother-in-law needs surgery immediately, she can apply for a visitor visa to seek medical treatment quite quickly at the US consulate. She and/or her sponsor will need to show that she has enough funds to pay for the treatment in order to qualify. If your husband entered the country legally and you are a US citizen, he can apply for adjustment of status to get his residency in about 4-6 months. If he entered illegally, you will need to submit an I-130 petition on his behalf and he will be required to return to Honduras for his immigrant visa interview at the US consulate. He will also be required to file a waiver on form I-601 if he has been unlawfully present in the US in excess of one year.