Lamesa, TX Immigration Law Firms & Lawyers

You might be apply for a waiver of inadmissibility for your husband. Whether he is eligible for the waiver depends on his criminal record and his record of immigration violations. The chances of getting the waiver approved depend on your family circumstances: you will have to show that you have a good reason not to follow your husband to his country, and that separation from your husband will cause you an "extreme hardship". This is not something you can hope to do, successfully, yourself; and an attorney who handles immigration cases between divorces and landlord-tenant disputes is unlikely to be of much help to you. Consult an immigration specialist.

If you are in the U.S. legally as a permanent resident, then you don't need an I-130 petition. However, if you are here but would like to apply for your permanent residence at some time, then the I-130 petition is essential. It's a relative petition that is filed so that a person can file their adjustment of status application (if they are eligible to do so). So whether the person is in the U.S. or outside the U.S., the either get an immigrant visa (for someone outside the U.S.) or to get permanent residence (if they are inside the U.S.), the I-130 petition is the underlying requirement for family based immigration.

It appears that you might be applying for residency as a special juvenile (SIJS) unless you have been actually adopted. If it is SIJS, all the administrative stuff must be finished before the court can terminate proceedings. If you do not feel comfortable with the attorney and want a second opinion, the best thing to do is request a copy of the file and I or someone else can see if something better can be done. Realize you are lucky. The government does not appoint a public representative.