Legal Question in Immigration Law in Mississippi
My husband is an illegal immigrant and we we're wondering how to begin the application process for residency. I'm somewhat aware of a law stating that he has to return to his home country for up to ten years, but I am unemployed and he is the soul provider of myself and our daughter. I was also told of a hardship waiver (need more info) and if he could remain here, in the process.
1 Answer from Attorneys
It depends on how and when did he come to USA and from what country. On what visa did he come? Or did he come without any visa by crossing the border? Did he ever apply for anything with INS (USCIS), or did anyone ever petition for him?
Your question is very broad. Yes, sometimes an immigrant is required to go abroad to apply for a visa. While others are allowed to remain in USA and apply for a green card here. Yes, if he had been in the USA illegally for more than 180 days, a waiver will be required. As to preparing an "extreme hardship" waiver, it's advisable to consult an attorney.
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