Legal Question in Immigration Law in California

Re: Getting my spouse a visa

Hi,

Becuase of his illegal entry 5 years ago and the overstay, you will need to file a waiver in order for him to be able to re enter the US. The waiver is the final application that you will need to file with the US Consualte in Ciudad Juarez, the main consulate that adjudicates such cases.

Prior to the preparing the waiver you will need to file the marriage petition in the US. We handle many similar cases and they tend to take some time to process. You have to be ready to be separated from your husband for more than a year.

If you have any further questions, feel free to contact our office.

Jacob Sapochnick

[email protected]

619 819 92 04

Re: Getting my spouse a visa

People don't understand the law. They're right in telling you you can "petition" for him in Mexico, but they don't understand it's the ONLY way right now for him assuming he originally entered the U.S. illegally. The two of you would have to be interviewed and approved at the US Consulate in Juarez, Mexico. What people also don't understand is that since he's been illegal for all that time, there's a 10-year bar for him to get approved, UNLESS you can prove there's extreme hardship to your family. This will require heavy-duty legal representation and requires extensive documentation and evidence.

Note: You stated that your husband "lived in the U.S. illegally" so my answer above assumes that he entered illegally without papers. However, if he had entered the U.S. with a visa or document, then you can apply for him here.

Larry "Liem" Doan, Esq.