Legal Question in Immigration Law in New York

My husband was deported for being in the country illegally. We have been married for 7 years and have 3 children together. I was told that after 3 years he could get a waiver. He has a felony charge that he plead no contest to and was told that it could get erased from his record in 5 years, which would be this April. Should we wait until then to file or should we file the waiver now? This case is in Florida but I live in New York.

Asked on 12/16/09, 6:20 pm

Alexander Tsiring The Tsiring Law Firm, P.C.

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It will also depends on whether you are a U.S. Citizen and whether your children are citizens.

There are many factors that are to be considered in the waiver application, such as hardship to U.S. Citizens and his privious conviction.

You should consult an immigration lawyer to evaluate all the factors.

Answered on 12/21/09, 6:36 pm

Antoinette Wooten The Wooten Legal Consulting, PC

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I would need additional information regarding your particular case before I could comment on it properly.

However, depending on your husband�s circumstances, you may be able to file your waiver paperwork in Mid March 2010.

It will take immigration at least two weeks to send you the notice acknowledging receipt of your application.

Patricia Martin-Gibbons

Answered on 12/29/09, 10:36 am

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