Legal Question in Immigration Law in Maryland

Re: Whats the chance

If he has a work permit, it means he is in some sort of temporary status or is under immigration court removal proceedings. You will need to provide more additional information in order to have your chances evaluated by an immigration attorney.

Attorney [@] law-visa-usa.com

Re: Whats the chance

Dear Inquirer:

Since your husband apparently entered the US without a visa, he would only be eligible to adjust his status if he qualified under Section 245(i). This rule requires that he was the beneficiary of an immigranmt visa petition or labor certification filed on or before January 14, 1998; or April 30, 2001 if he can prove that he was also present in the US on December 21, 2000. If he does not meet the requirements of Section 245(i), he is inligible to adjust status, but could seek an immigrant visa from his home country. Note that since he has been unlawfully present for more than one year, he would become subject to a ten-year bar from return to the US upon his departure. He may apply for a waiver of the ten-year bar, which can be granted if you can establish to the satisfaction of a consular official that you would suffer "extreme hardship" if he is not admitted to the US.

These cases are quite complicated. I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to discuss this matter further in a confidential consultation.

Re: Whats the chance

My first question is under what program or status is he getting his work permit? Did he apply for asylum or some other benefit? Is he protected under TPS? If your husband entered the United States without inspection, and someone filed a petition or labor cert on his behalf prior to April 30, 2001, then with the payment of a penalty he may be able to adjust his status here in the United States. If not, he may be required to return to his country and enter the U.S. through the U.S. Embassy. If he has a good record, no crimes, he will only need waiver to return to the U.S. to overcome the lawful residence. Frankly, however, I would have to see exactly what his work authorization is under before I can make any decision on a strategy or options available for him Contact me or, at the very least, talk to a good immigration lawyer. The best to you.