Legal Question in Immigration Law in New Mexico

Re: i130 for my husband

If your husband entered the US without inspection, unless your husband is "grandfathered" under the old 245(i) statute, he CANNOT adjust his status to that of a permanent resident without leaving the US. Michael Cho's answer is correct and especially the part about having your waiver application ready before going down there. Your husband will need to prove that YOU will suffer extreme hardship if he is not permitted to return to the US for 10 years, and anything you say you will suffer you need to document. For example, if you have to take care of a sick relative, get medical documents for the sick relative proving their need your help and also some proof of why no one else can take care of them. Please do not attempt this process without a good attorney, and to find a good attorney ask friends who have used one whether or not they would recommend theirs. Make sure to make the waiver appointment at least 2 business days after the first interview date so your fingerprint checks have time to clear. GOOD LUCK!

Re: i130 for my husband

Once his I-130 is approved and his case sent to the US embassy in his home country, he will have to leave the U.S. and apply for both an immigrant visa and a waiver of the 10 year bar is appears to be subject to.

It's best to prepare this waiver thoroughly and also schedule the waiver appointment close to the date of the consular interview, so that he can minimize the amount of time he spends in Mexico.

Re: i130 for my husband

Your husband can adjust his status to a permanent resident without leaving the U.S. even if he is out of status or entered without inspection, since you have become a U.S. citizen. If you need more information, please feel free to contact me.