My husband was brought to the US in 1984 his mom never fixed his papers.?

Question

We've been married for 5 years and have 3 kids together. A few months ago I filed for his papers and I'm afraid that they might send him to Mexico. He doesnt have any family in Mexico that he knows of. All he knows is that he was brought to the US when he was 2, he doesnt know alot of spanish the little spanish he knows he learn from his mom but he has been here most of his life. I just hope that everything goes well, Im so worried and stressed because we cant do anything with out his papers. Is there anything that we can do to speed up the proccess?

Answer 1

Well take him to the clinic and have him "fixed"

Answer 2

I'm really sorry to let u know but u should prepare since he may be required to leave the country for ten years after they process his application since it seems than he has been more than a year in the USA after his 18th birthday as an undocumented , which would ban him for ten years . what u should worry about instead of making the process shorter is about finding a good certified immigration lawyer so than he helps ur husband make a extreme hardship letter since that its what they will require of him once they deny his application . anyways best of luck to u and i hope they actually give him the chance to stay in the US with out him having to leave for ten years since it would be completely unfair for him and u .

note : Fred is right by the way .....

another advice : please let him know than he should do the same every immigrant in this country should do which is to try to learn to language of the country to which he is going to be send to , u should do it as well . learning a new language may be difficult but it opens a whole new world to those who do it . the same goes for every American who lives in the USA , every single one of them should already be learning any language they think will help them in the future .

note : i just wanted to add than i hope fraggler is right , botom line , u need a lawyer .

best of luck to u .

Answer 3

Believe me, he's absolutely going to have to go to Mexico.  It's just not legally possible to adjust his status while in the United States.

He'll be instructed to report to a US consulate in Mexico for his interview.  He'll be rejected and banned from coming back to the US for 10 years.

At that point it's going to be up to him to file for a Waiver of Inadmissibility.

There's nothing you can do to speed up the process.  After he goes to Mexico, and after he's rejected, expect it to take about 6 months to process the waiver request.

If the waiver is rejected your best bet is to join him in Mexico with the kids.  You can all be together down there.  Just be sure you do it legally.  The Mexicans vigorously enforce their immigration laws.

Answer 4

Speeding up the process would mean an earlier departure from the U.S. In that he cannot prove that he is lawfully in the U.S., he cannot adjust status. As he cannot adjust status, he will have to leave the U.S. for Mexico to get the immigrant visa. If you want to speed up the process, that would mean a quicker departure to Mexico than whatever the departure date will be.

By law, he cannot become a permanent resident through an application inside the U.S. He must enter with an immigrant visa. He can only get an immigrant visa outside the U.S.

If you had filed for him five years ago, he'd have a green card by now. As you chose to wait a while before filing for him, you have finally reached the point where his return to Mexico is close.

Of course, if you had filed for him five years ago, perhaps you would not have one or two of your beautiful kids as he would have been gone which would have made getting pregnant pretty difficult. So, now at least you have three children even though he's still a long way from getting his green card.

Answer 5

Habla Espanol?

Answer 6

There is nothing that can be done except for him to return to mexico and apply from there. He is an adult and should have taken care of this already. If he is caught,they will deport him and he will be banned for 10 years.

Answer 7

I have absolutely NO idea why people are under the assumption that every immigrant here illegally is automatically under a 10 year ban. That is completely false and I know because our attorneys have cases like this all the time. You're more likely to have to worry about a ban if you committed a crime (actually, you'd have to worry about being able to be here period) or if you don't voluntarily depart.

The only person that answers your question on this board so far is Fred.

Contact an immigration attorney. If your husband's mother had an inkling of a clue, she would have gotten his papers to begin with (especially when they gave Amnesty in '86... where the heck was she?)...

Anyway. You'll have to start by filing the I-130 application as well as submitting documentation for proof of marriage, copies of children's birth certificates, tax papers showing you can support him 125% above the mandated poverty line, and anything else showing that 1) your marriage is valid and 2) he would not be a burden on the economy.

Unless your husband (or better yet, attorney) can prove to a court of law that there would be undue hardship should your husband have to return to Mexico (and, yes, that can be done as I've seen it happen firsthand), then your husband WILL have to return to Mexico and wait for acceptance. The entire process takes 1 to 2 years on average.

Like I said, talk to an immigration attorney (ultimate costs to retain one will run between $4,000 and $10,000 depending on where you live) and also check out the website www.uscis.org

Answer 8

To answer this requires more information.

Did his parents enter legally with him in 1984? If so much can be done. Documents can be obtained.

If they entered illegally that would be a totally different matter and course of action.