Vilas, CO Immigration Law Firms & Lawyers

Hello: He will most likely need a Waiver. *Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. 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 crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.

that should not be a problem. Whether you can adjust status based on your marriage to USC husband will probably depend on if you had legal entry to the United States. Consult an immigration lawyer for advise.

In this situation, it is probably best that your wife submit another I-130 petition on your behalf and then go through consular processing, because you travel between the U.S. and Canada so much. Additionally, if you submit an I-485 too soon after your arrival in the U.S, USCIS may accuse you of committing fraud because you had the intent to immigrate to the U.S. permanently when you entered as a visitor.