Plandome, NY Immigration Law Firms & Lawyers

Ask your husband again about the manner of entry. Most kids entered while sleeping in a car, where the immigration border patrol saw the kid, but failed to ask for documentation. (Really few kids walked trough the mountains or were carried in their parents's arms while sneaking trough the desert or the mountain). Some kid can clearly remember. Even though the kids had no proper documentation, the kids were inspected, which make them technically qualified for an adjustment if married to an American citizen. I am not saying these cases are easy, but they are possible. Some other options: Your husband appears to be born around 1985, so he might be eligible for deferred action childhood arrival (DACA). This is not a green card, but it could be a start. In order to get DACA, he must show entry into the US before age 16, high school diploma or GED (or currently be in school), be continuously present in the US from before 6/15/2007 to present, be able to show something to show in was in the us on 6/15/2012 (such as a bank statement showing transaction on that day, no or minor criminal history and be 30 years old or younger on 6/15/2012. With deferred action status, your husband can get a work permit, a social security number, and depending on the state, a driver license. Finally, once DACA is obtained, your husband could apply for an advance parole, travel aboard using the advance parole, return to the US with the advance parole, get the entry stamp in his passport and then file an simple application to adjust status. This is something entirely new, and many immigration attorneys believes this might work. (An interesting new case came out a few months ago.) Your husband doesn't appear totally hopeless. I suggest that you contact a local attorney who can explain in detail your husband's options. (I did not explain all the risks and the problems which may occur, it is way to long to write in here!)

It appears from your scenario that the only document which is missing at this time is the I-864 affidavit of support form and related documentation. That usually means that the case is still at the National Visa Center. If the priority date is current or this is a non-quota case which does not require a visa number, your mother could be scheduled for interview at an American Embassy or Consulate in the home country within a matter of months. Following interview and approval and assuming that there is no further administrative review of the case, your mother would be given an immigrant visa package within a few weeks after the interview. She would then have to pay $165 electronically to the Department of Homeland Security for the approved immigrant visa and could thereafter board the plane to come to the country.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.  

This is a tough question To answer. Although, you do not have a criminal conviction and was not arrested, one of the questions on the application is whether you have ever committed a crime for which you were not arrested or convicted. You will have to answer yes and that could affect your citizenship petition.