Willows, CA Immigration Law Firms & Lawyers

Yes it is possible for you to obtain a Green Card. You will not get your old Green Card back, but could be granted new legal permanent residence status. If you did not leave the country after being granted voluntarily you may have to reopen your immigration court case. This would certainly require the assistance of an attorney.

Perhaps, but it may depend upon whether when he becomes your husband, he can qualify thereafter for advanced permission to reapply and a document fraud waiver. He must overcome the indefinite immigration ban based upon document fraud. Currently, he has a five year ban due to his deportation. Perhaps, also a ten year ban for unlawful presence. This is an unfortunate situation that Congress created when it passed laws in 1996. The process of petitioning and immigrating in these situations varies. There are some who may repeatedly apply for years, while others decide it is not worth the effort. The process can take a year or longer. As stated, the ban is indefinite, so it is unclear if or when he can overcome the ban. I strongly recommend that you hire an experienced and competent immigration attorney to more carefully consider your options. You may also want to consider immigration to Mexico at this point. If you are disappointed with the indefinite ban on your husband for immigration document fraud, then complain to your Congressman.

In order for an I-601/I-601A waiver to be approved, there must be a finding of extreme hardship to the qualifying spouse or parents of the beneficiary. What constitutes extreme hardship is not defined by law, but is the agglomeration of factors established through various precedents and court decisions. Every case is different and is considered on its individual merits. To reach a determination of extreme hardship in your case, the USCIS officer would consider your specific facts as to how you, as his wife, would be affected by your husband's being banned from the US for 10 years. The determination that there would be extreme hardship would be based on a number of factors, including the emotional impact to you, the financial impact to you, any medical conditions from which you suffer, etc.