Legal Question in Immigration Law in Ohio

Re: immigration question

How many years ago is several? If 10 or more, he may be eligible for cancellation of removal. If not, possibly deferred action until eligible for canx of removal. The more likely route will be for you to file an extreme hardship waiver application (I-601). He will have to leave the country and will be gone for a period of time. How long depends on the country he is from, chances of success for approval and other factors.

Immigration ran a pilot program for those from Mexico, that would grant the waivers in some cases the same day they were filed. This meant for some the total time outside of the US was less than a month, but more frequently @ 60 days. This program was formalized in Feb 09 and has a good approval rate. For Mexico, the official published approval rate was as high as 94% a few years back, to 74% about a year ago, and the most recent announcement was 50% to 60% for the same day approvals and an unpublished amount for those that took longer.

In short, there are potential options and the chances of success vary depending on your particular facts and circumstances. I'd be happy to discuss further with you.

Re: immigration question

If your husband entered without inspection, he is ineligible to adjust his status unless he is 245(i) eligible. Based on the information provided, it does appear to be an equitable case for a waiver. He would need to leave and process back through the consulate. These types of cases require detailed preparation of the visa petition, the corresponding waiver and of the client for the visa interview.

Discuss and consider hiring an attorney to assist you.