Marshall, TX Immigration Law Firms & Lawyers

If your husband was eligible for 245i, he should have made that claim in court. It's the responsibility of the respondent to inform the court as to what form of relief that he/she wishes to apply for with the immigration judge; the Department of Homeland Security will not make that determination for you. As long as your husband does not have any other issues of inadmissibility, you will now need to follow up on the I-130 petition that you had filed for him until he receives his visa interview at the US consulate in Juarez. After the interview, it's likely the consulate will require your husband to file an I-601 waiver application because he accumulated more than one year of unlawful presence before departing the United States. If the waiver application is approved, your husband will be allowed to return to the US immediately. If the waiver application is denied, he cannot return to the US for 10 years. In any event, he should NOT return to the US illegally.

Hello: *Permission to Reenter, Consulate Processing and Waiver of the 3/10 year bar * There are three packages that must be completed. The Consulate Processing, the Permission to Reenter and the Waiver of Inadmissibility. A Consulate Processing package needs to be done for the Family Petition. This is a petition that will allow your loved one to come to the U.S. Our firm can prepare the Consulate Processing package which goes through U.S. Immigration, the National Visa Center and then the Consulate, so it goes smoothly and correctly. A Waiver of Inadmissibility will have to be obtained. This is a package that will include a legal brief, forms, documents, exhibits and declarations. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the ground of ineligibility (i.e., the 3/10 year bar) disappear so that the you will be allowed entry into the U.S. You will also need to have a Permission to Reenter done so that the deportation bar will be lifted. This is a complete package that goes to the District Director to allow entry into the U.S. many years prior to when the deportation order would allow.

Possession of a valid US passport is concrete proof of your citizenship, so you can submit a copy of the passport instead of your certificate with the I-130 petition.