Legal Question in Immigration Law in Ohio
I have been married to my husband for a little over a year. He came here illeagally from Sierra Leone, Africa about 6 years ago. I want to file for him, but would like to know what the first step is. I have 4 kids (2 with him) and I really dont think I would make it without him. How can I avoid this 10 penalty I have heard about? What is the process?
2 Answers from Attorneys
If you came in illegally, without inspection, then you can't avoid the penalty, which is triggered when he goes back to Sierra Leone to finalize his papers. He'd have to prove extreme hardship to you and his kids, which may or may not be easy.
However, coming to the US completely without inspection from an African country is indeed unusual. Did he enter the US through Mexico or Canada? If, instead, he flew to the US, then he was inspected at the airport and came with a visa. In that case, you can file for him and he can adjust his status here without the penalty. The process will be much easier and faster. Please contact my office through my website for help.
Larry L. Doan
www.GuruImmigration.com
http://guruimmigration.wordpress.com (blog)
I'm sorry, I misstyped. The first sentence of my answer above should read: "If he came in illegally, without inspection, then he can't avoid the penalty (the 10-year bar), which is triggered when he goes back to Sierra Leone to finalize his papers."
Larry L. Doan
www.GuruImmigration.com
http://guruimmigration.wordpress.com (blog)
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