Legal Question in Immigration Law in Kentucky

If he entered the U.S. illegally, and he is in the U.S. currently, then even if he gets married to a U.S. citizen, he can only receive his permanent residence by returning to his homeland and get approved by the U.S. consulate there. However, if his total time living in the U.S. illegally was more than six months but less than a year prior to departure, then he is faced with a 3-year bar from being readmitted. The bar is 10 years if he was in the U.S. illegally for a year or more prior to departure. The only way to get around the bar is to prove to the consulate that his wife and US citizen children, if any, face extreme hardship if he is denied his visa to return. That could be a quite difficult standard and requires the help of an attorney.

If he had only been in the U.S. illegally for less than six months prior to departure, then he will not face any bar. The process at the consulate is then considerably easier and he will receive his immigrant visa to return to the U.S. as a permanent resident.

I invite you to contact me through my profile here or at my website.

Larry L. Doan, Esq.

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

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