Can i bring my husband to the u.s.?

Question

im a u.s. citizen married to a chilean we met in the u.s. and he went to his country voluntarily due to family emergency he was illegal in the u.s for 5 years even so i married him in chile ,what is the process to bring him back to the u.s. and is it better to ask for him in the u.s. or in his country

Answer 1

Since he was here illegally for 5 years he is barred from re-entry.  If he returns, he is subject to up to 20 years in prison, then mandatory deportation.  If you help him in any way, you are subject to imprisonment and fines.  He can apply for your immigration to Chile.

Answer 2

If your husband was unlawfully present in the U.S. for five years, he is statutorily ineligible to enter or to receive a visa for ten years from the date of his departure. Therefore, your only option is to petition for him and let him try for the immigrant visa at the embassy or consulate in Chile.

You can submit an I-130 with the fee and supporting documents to either CIS in the States or, if you're living in Chile, to the visa office at the embassy. If the I-130 is approved, he can seek an immigrant visa based upon the approval of the I-130.

Standing in his way of the securing of the immigrant visa is the ten-year bar due to his prolonged overstay. The visa officer might suggest that he apply for a discretionary waiver of the grounds of inadmissibility. If that waiver application is approved, then he should be free to receive an immigrant visa.

Answer 3

Talk to an immigration lawyer. The process if way too complicated for someone without that experience to handle. I've dealt with it before and its hard.

Answer 4

Question for you was he deported?  if the answere is 'no' then yes you can ask for him and its better that you do it with him here that way immigration will never know he left the country.  for mexicans the petition for is a I-30, but every country has its own petition paperwork.  talk to a lawyer so that he can advice you on what you need to do... one very important thing never pay a lawyer to help you just consult with them and then do everything yourself.  not only do they charge a lot, but they also take a long time because the more time they need to help you the more they can charge you.  there are office all over the US that can help you fill out paperwork.  so only seek advice and then do everything yourself

Answer 5

Yes, you can apply for him.  File form I-130, Petition for Alien Relative.  The problem is that because he was in the country with paperwork, he would receive a ban from reentry upon leaving the country.  Once you apply, you will need to complete a waiver because of the bar to reenter.  These cases are complicated so I recommend hiring an immigration attorney.

Answer 6

you might need to hire a lawyer, not just talk to them because bringing someone who was illegal back to the States is pretty serious stuff and no way can you do it on your own. My sister went through the exact same thing and we used a great lawyer. Yes, it does cost money. But what can one expect? Immigration might not even give it a second look if they see that person was here illegally. Email me if u need more info.