Legal Question in Immigration Law in Massachusetts

Re: I want to help my husband get a visa while still in the US

If your husband's most recent entry was in 1995, and if he entered without having been inspected and admitted by U.S. immigration authorities, then his "work papers" were denied because he is not, and never has been, authorized to work or live in the U.S. (the Social Security number is not relevant to those issues). It sounds as though the most important question at the moment is whether your immigrant relative petition for him was filed before May 2001, and, if not, whether any other U.S. relative or employer filed an immigrant petition (or labor certification application) for him before May 2001. If so, then he may be able to get a green card without leaving the U.S., through adjustment of status under Section 245(i) of the immigration statute. If not, then he would have to apply for an immigrant visa in a U.S. consulate in his home country. But by departing from the U.S., he will trigger an automatic ten-year bar from returning to the U.S. A waiver of this bar is available, but it cannot be applied for until he gets to his home country; therefore, departing is a big gamble, and should not be considered without the guidance of an experienced immigration attorney.

Feel free to contact me to discuss further -- email [email protected], or call 1.708.383.2103.