Legal Question in Immigration Law in Ohio

My husband of 4 years, entered the U.S. without inspection in 2003. Im now pregnant with our 3rd child.He is also an excellant step-father to my 2 older children who have no contact with there biological father. We are desperate to change his status so he can get a real job and support the family. If he goes back to his west african country and I file for him then, what are the chances it will work. Also when he leaves this country with a passport that isnt stamped by the U.S. is there a chance that they will detain him at the aiport instead of just allowing him to leave?


Asked on 10/09/11, 12:39 pm

1 Answer from Attorneys
Philip Eichorn Hammond Law Group

He cannot adjust status in the U.S. based on the information you've provided. He's ineligible due to his entrance without inspection. You can file for a visa petition for him, he can depart the country and attempt to obtain an immigrant visa at his home country's consulate. However, he's accrued more than one year of unlawful presence and therefore is barred from returning for ten years. That ten years can be waived if you are successful in showing it would be an extreme hardship on you if he cannot return. We never indicate the "chances it will work" as we simply don't have enough information on you, your children, or your life which would constitute the basis for the waiver.

Read more
Answered on 10/10/11, 9:05 am


Related Questions & Answers

More Immigration Law questions and answers in Ohio