Legal Question in Immigration Law in Texas

Im a us citizen, married for 3 yrs and 2 US citizen daughters,to a person who entered legally to the US with a humanitary permission; he was granted this permission because his 2 daughters were critically ill when born, this permission expired after 3 weeks and he decided to overstay for a little more than a year. Then he was caught by immigration, thrown back to mexico after a few hours in prison, does he have any chance if i petition for him? he currently is living in Mexico.


Asked on 10/24/10, 8:37 pm

1 Answer from Attorneys

There is a chance if you meet the necessary criteria.

Regularly, yes, he should be able to come in as long as you file all the proper paperwork. There are a couple ways to do this: he can come in on a K1/K3 Visa as your spouse. Then, you would file the I-485 Adjustment of Status. You will need to provide all proper documentation showing proof of marriage, your citizenship, etc.

However, he was granted permission when he entered last time, and was not an unlawful entrant, but he accrued an unlawful presence for more than a year which does in fact trigger a ban from him entering the US for a certain time period. There is a caveat to that, and that is if you are able to show "extreme hardship". If proof of extreme hardship can be shown and approved, there should be a good chance to get him back in.

If you have any further questions or need any other help just call or email our firm.

Mentlewki Paranjpe Law Group, PLLC

832-667-7700

or

[email protected]

[email protected]

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Answered on 11/12/10, 7:04 am


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