Post, TX Immigration Law Firms & Lawyers

The answer depends upon your status. If you have no status, your husband may have to wait until Congress passes a legalization act. If you are a US citizen or permanent resident, you may be able to take advantage of the Administration's I-601A program under which you would file an I-130 petition for alien relative, have that approved, and then submit an I-601A application for a waiver of illegal presence during the time that he is still here in the US. That application is based upon establishing extreme hardship to you if the waiver is not granted. The waiver would be adjudicated during the time that your husband is here, and dependent upon the results, he would then decide whether to continue his immigration. Assuming that it is, he could then consular process for an immigrant visa interviewing overseas at the American Embassy or Consulate in his home country. As you say that your husband has a clean record, no criminal background, and did not enter with a visa, his interview would be like any other immigrant visa interview since the I-601A waiver would excuse his illegal presence in the US. Kindly note two other things – if you are a lawful permanent resident, the I-601A program will not be expanded to persons in your class until spring 2016 most likely, but it would take approximately 6 months anyway to have the I-130 petition approved. Second is that the I-601A waiver only excuses illegal presence and not any other grounds of inadmissibility such as drug addiction, chronic alcoholism, membership in the Communist Party or terrorist organization, etc. 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.

For naturalization it will depend on how old the conviction is and whether it reflects on their current moral character. With a felony, I would suggest at least consulting with a lawyer if not having a lawyer handle the process.

Only after you become a US citizen, for 2 reasons. First, there is no qualifying petition for the parent of a permanent resident and second, she will need to adjust status requesting a forgiveness of her immigration violations of overstay and unauthorized employment. This is only for immediate relatives, including the parent of a US citizen.