Legal Question in Immigration Law in California

I recommend you and you're husband to schedule an appointment at the US Consulate and let them know you and tie husband intend to relocate to the US.

Hi. With all due respect to prior counsel, there are some issues here and the resolutions to the issues is not an appointment at the consulate. First, if your husband intends to enter the U.S. and remain permanently he cannot use a tourist visa. A tourist visa is for the purpose of visiting, going to Disneyland, the Grand Canyon, Graceland and then leaving the U.S. He can use the tourist visa if he has the intent to depart thereafter. If he intends to reside here permanently, the proper course of action is to file the I-130 visa petition with all supporting documentation and after approval to apply for an immigrant (intent to remain permanently) visa at the consulate (and through the National Visa Center). This process is generally referred to as "consular processing." If your husband should enter the U.S. on the tourist visa with the intent to remain permanently and then file to adjust status (through you) then there is a preconceived intent issue with the filing but depending on what he states to the Customs and Border Protection officer at the immigration checkpoint at the port of entry, there could also be a misrepresentation issue. The former can be resolved and we do it routinely. If a misrep issue is alleged by USCIS, that's a whole other set of complications.

Consular processing = safest. Feel free to contact us to discuss it and our representation of you and your husband through the process.