Immokalee, FL Immigration Law Firms & Lawyers

This situation is an example where people have further complicated matters by their actions.  This is a textbook reason why an experienced immigration attorney ought to have been contacted sooner.  There will be things that must be done before your mother in law can be petitioned again.  Perhaps, she is now inadmissible. Whether, how much, and how quickly it can be done remain unclear, but it is likely to take much longer than your family will want.  Therefore, it is easy to fall victim to a questionable opinion or speculation. As a result, I strongly recommend a paid consultation by Zoom or in person, with an ethically considerate immigration attorney, so that decisions can be made in your families best interests before your family is further impacted by the situation that was created by the departure and subsequent actions.

You can file a petition on his behalf but since you are a resident right now he will be on a waiting list for a visa to become available. Once you become a US citizen there will be a visa available for him immediately and he will eligible for consular processing. Make sure he does not come here illegally because that will give you many problems and will prevent him from getting a legal status in the US.

Even if your husband was a minor at the time and the fact that he was absent from his immigration court appearance was beyond his control, he would still have to technically file a motion to reopen. When the case is reopened, he would be able to contest his removability. 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. consequence.