Grove City, FL Immigration Law Firms & Lawyers

You can apply for a family based visa petition for your husband the visa most likely will be approved. The problem he has is obtaining residency. He will not be granted residency in the US because he entered illegally unless he entered on or before 2001 and qualifies for 245i. For him to obtain his residency, he is going to have to leave the US to his home country, go to the interview over there and present waivers for illegal presence in the US and a few others. This is a very difficult process and it is very hard to be given admittance back to the US unless you can prove extreme hardship to you and your child if he does not come back. Extreme hardship has a very high burden of proof, just because he was the financial supporter does not work. You are recommended to consult an attorney that can review all the details of your case to see if it would be feasible to go through this risky process.

You must file on time with or without the divorce decree. Just to make sure, you received temporary residency status not a visa, correct? In that case, then you must file. Once you have the interview, you may already have the divorce decree or just inform immigration of the status of the case. Immigration will not be so concerned with your divorce, but with proof that your marriage was valid ab-initio (when it started). I would recommend you hire the services of counsel to help you with this matter.

This is a tough one to answer without knowing some more information. The Child Status Protection Act (CSPA) was enacted about ten years ago to deal with some of these issues. Truth is that many visa categories are so backlogged that a child included as a derivative beneficiary of a petition filed on behalf of their mother or father can "age out" by the time the visa is current and ready to be used. The CSPA can protect that from happening, but whether the CSPA will apply really depends on knowing some information which is not included in your inquiry. My recommendation would be that you contact a knowledgeable and competent immigration attorney who can review your paperwork and help you with attempting to figure out whether the CSPA applies. Turning 21 does not necessarily create a situation where you are no longer considered a derivative beneficiary of the application, but there is a lot more to figuring out what the CSPA provides you with any protection. Good luck.