Monterey, CA Immigration Law Firms & Lawyers

If your marriage is legal, and you can demonstrate extreme hardship in case I his removal and his immigration history and criminal history permit to, he might be able to apply for cancellation of removal. But much more information is needed to answer your question.

There are possible legal consequence when an immigrant leaves the United States after accruing more than 6 months of unlawful presence, thus your husband should speak to an immigration lawyer who can assess all the fact of his case.

Term "priority date" means your son's place on the waiting list for an immigrant visa. Every year, only 26266 immigrant visas are issued to unmarried sons and daughters of lawful permanent residents. The number of petitions filed every year is much greater. As a result, there is a waiting list that stretches back for several years. When a relative files an immigrant petition, the date of filing becomes that petition's priority date: a visa will be issued on the basis of this petition after visas will be issued on all the petitions filed before that date. Due to the fact that nationals of China, India, Mexico, and Philippines have many more petitions filed that nationals of other countries, there are separate waiting lists for every one of these four countries. If your son is a national of China, India, or any other country, he will have to wait for his immigrant visa approximately 7.5 years; if he is a national of Mexico or a Filipino, the wait time is 21 years or 11 years, respectively. In order to receive a green card when his turn comes, your son has to attend an interview with a U.S. consul outside of the United States (usually, in his country of nationality). If your son will be in the U.S. at the time when his priority date becomes current, he must be in legal status. If he overstays his tourist visa and becomes illegal, he will not receive a green card when his priority date becomes current. Filing of an immigrant petition does not give your son a legal status. However, he can remain in the U.S. if he his tourist status to some other status that would allow him to stay in the U.S. legally - a student visa, for example, or one of the non-immigrant work visas. Otherwise, he should leave the U.S. by the date stamped in his passport when he entered the U.S.