Legal Question in Immigration Law in Mississippi

On 7-15-10 I posted a question and it was answered by Luba Smal. I am hoping that he will answer this question as well. My original question was concerning whether or not my husband can re-enter the U.S. while we await approval of his I-130 (filed in April 2010). My husband entered the U.S. illegally in Aug 2004 at the age of 15. He was detained in June 2009, he was fingerprinted at that time and issued an A#. The officer handling his case said that he would be considered a voluntary removal and they took him back to Mexico. In Feb 2010, he crossed illegally into Laredo, TX and was apprehended at the border. At that time, went before a judge. The judge sentenced him to serve 5 days prior to removal. However, he was removed that same day as he had already been detained for a 5 day period. I contacted a lawyer who says we can do some sort of waiver that would allow him to re-enter the U.S. and await visa approval. However, this waiver plus the lawyer fee is a lot of money. My husband was the financial provider for our family and I don't have much money now. Is this waiver something that we should do? Is there any chance that he will be allowed back into the U.S. either with the waiver or without? We have a 2 year old daughter. I don't make enough to support our family without him. What are our options at this point? Please help.


Asked on 7/18/10, 1:33 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

You need to consult a better lawyer. Firstly, there is no waiver which would have allowed him to wait in the USA for his immigrant visa approval. Secondly, the circumstances described in your post could be a permanent bar, which is a much more serious situation when a regular "inadmissibility case" or "extreme hardship waiver".

This is a public forum, and as an attorney, I can't give a case-specific advice here. If you have any follow-up questions or want to schedule a confidential telephone legal consultation, please email for more details.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at Attorney @ law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.

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Answered on 7/18/10, 7:48 pm


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