Legal Question in Immigration Law in California

I am sorry to hear about this. That's a difficult situation. If his waiver application was denied (and a visa as well), you can either try to appeal waiver denial or file a new hardship waiver application. You should discuss your situation and options with a knowledgeable immigration attorney before decising what to do.

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You need to be clear that the denial was in fact a full denial. In Ciudad Juarez, there is a procedure to submit further evidence before real denial and you need to be sure that opportunity has passed. You could appeal, which may or may not be advisable depending on the facts. Mere separation is not enough to overcome unlawful entry and lengthy undocumented residence in the US. You must prove extreme hardship. The other option is to wait and be separated or move to be with him and hope that life is so unbearable that the extreme hardship is easier to prove in a new application. I know it may sound counter intuitive, but the more dire the repercussions which result from separation, the more likely your case will be approved. Worse comes to worst, probably he could return to the US, but only after being gone for 10 years, unless he's permanently barred. There's not enough information to know whether he is. That would have happened if he were removed (deported) and re-entered illegally, or accumulated more than a year unlawful presence with more than one entry.

For further information you may contact [email protected] or 818 609 1953. The above is general information, not legal advice and doesn't form an attorney client relationship.

Sincerely,

Alice M. Yardum-Hunter, Attorney, Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd of Legal Specialization