Highland Park, TX Immigration Law Firms & Lawyers

As long as he only has one illegal entry into the U.S., he should qualify for a waiver of the 10-year bar. The waiver is filed with USCIS on form I-601, and he must establish that you would suffer extreme hardship if his waiver application was denied.

The new policy memo is not really a new law. You certainly have some strong equities for your spouse to remain here but not showing up for deportation court and being ordered deported in absentia is serious. I would recommend you pay for a consultation so everything can be reviewed and then we can advise you on the specifics of his case and not just generalities. Perhaps there was a technicality in how the old case was handled that could benefit him or some alternative relief can be sought given your familys dire need for him to stay.

Under the situation that you describe, you are not eligible for US citizenship. The Child Citizenship Act requires not only being under the age of 18 when the parent naturalizes, but also your being a permanent resident and residing in the US under the physical and legal custody of the citizen parent. It would appear that your best solution of immigrating through your parents is to have your citizen parent file an I-130 relative petition for you. If you are single, the process will probably take approximately eight years and if you are married approximately 15 years. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.