I am a US citizen and my husband is a immigrant!?

Question

I am fixing his papers, they told him that he had to leave the country, how long to you think he will be out?

Answer 1

This is because your husband isn't an immigrant, he's an illegal alien.  He must leave the USA if he wants to have any hope of getting a green card.

After his interview in Mexico he's going to be rejected.  This is because he illegally crossed the US border and illegally lived in the United States.  They'll ban him from the USA for 10 years.

At this point he'll file an I-601 with the consulate.  This is a Request for Waiver of Inadmissibility.  The request will be based on hardship.  I recommend you use an immigration attorney to prepare the waiver request.

If your husband has no criminal record in the USA the chances of him getting the waiver are pretty good.

Expect the entire process to take up to a year.

Answer 2

Your husband is not an immigrant - he is a crimi-grant, probably an illegal alien and definitely a druggie to boot (as stated by you). Your family shouldn't have to be separated. Why don't you join him in Mexico instead?

Answer 3

Silvia ...it all depends how fast the immigration office will work, may be years may be months.

I wish you much luck. I am an immigrant  myself but years and years and years ago. :).

Answer 4

this is the problem with our immigration laws. marriage does not give you any rights. I moved to my husbands country sat for over two years before they gave my husband the visa to come after all the fees we paid and trips to the embassy. the back log in this part of our government is horrible. i meet two women in the embassy waiting to take their husbands home neither one of them have returned with their husbands. sad state of affairs but the illegal problem is hurting the legal process. that's why i want to close the borders. also marrying someone to fix their papers does not repair coming here illegally in fact it makes it clear to the department that that person will do anything to stay in this country no matter what the laws are. are you willing to move to his country? no cause its probably a third world country with no economical growth and no jobs. I sat in a third world country waiting for my husband to come here legally cause i love my country and its laws. that what makes America great and i do not harbor ill will for you but you cannot take away my rights for your wanting to fix your wrongs. society isn't suppose to work like that. follow the rules or you will get the just rewards. sorry to say but your husband may never come back into this country and that is the fact of the laws. you should as a citizen of this country know that.

Answer 5

Your husband is not an "immigrant" -- he's an illegal alien.  He must leave the US, and he will be barred from re-entry.  Duration of the ban depends on how long he has been here in violation of the law, and whether he leaves immediately and voluntarily or is deported.  If he entered without inspection and has been here more than  2 years, it's a 10-year ban;  if he has any criminal record, it is permanent.

You will have to wait until until his bar is completed before you can file a petition for his re-entry and a spousal visa for him.  Since you will not be living together unless you go to his country, it will be very difficult to get permission for him to re-enter.  Also, if you knew he was an illegal alien when you married him and filed to try to "legalize" him, you could be subject to marriage fraud penalties: 5 years in prison and $250,000 fine.  

Once he returns to his country, he can file for a spousal visa for you to join him there.  If you want to stay together, that is the only way.

Answer 6

hey; i thing you need to get a  lawyer who can take this case in hand.May be there is a way with the help of a lawyer can try to arrange this situation and who know? i might not live anymore.

Answer 7

It's usually a 10 year ban.

Answer 8

I am interpreting your question to mean that he has been here illegally since (they told him that he had to leave the country).

If he came here via a work visa, it expired and he then became illegal, you could file a 1-130 for him.

If he came here illegally to begin with, then it's a 10-year ban before he is legally entitled to POSSIBLY return.  The law states: If the illegal alien entered illegally and did not have a visa to enter the country, that person can never get legal residency or citizenship without returning to their home country and applying for immigration from there. Also, their illegal entry would impose a 10 -year ban before getting approved for legal immigration to the US, even if they marry a US citizen.

Answer 9

i think its years

well i had a friend with the same situation

and he had to go to Honduras and i dont remember how long he was there but she went to visit him like every 2 months

Answer 10

from what i understand since he is married to you (a citizen) he is now allowed to stay

Answer 11

I suggest you talk to a deportation lawyer that can look over your specific case. It usually depends on how long he was here for. Could be 3-5 could be 10.

Ibu baby get your facts straight LOL. The only way they can consider it fraud is if it proven to be that they were married for business purposes of him wanting to get his papers and only that. I'm married to one and we have been together for 8 years and have a child. I hardly think that is considered fraud, according to MY LAWYER that is not fraud....LOL....assuming once again.

Definition of Expunged:

"In the common law legal system, an expungement proceeding is a type of lawsuit in which the subject of a prior criminal investigation or proceeding seeks that the records of that earlier process be sealed or destroyed, thereby restoring the subject's name. If successful, the records are said to be "expunged"