Legal Question in Immigration Law in Mississippi

My husband is an illegal immigrant and we we're wondering how to begin the application process for residency. I'm somewhat aware of a law stating that he has to return to his home country for up to ten years, but I am unemployed and he is the soul provider of myself and our daughter. I was also told of a hardship waiver (need more info) and if he could remain here, in the process.


Asked on 5/10/10, 9:07 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

It depends on how and when did he come to USA and from what country. On what visa did he come? Or did he come without any visa by crossing the border? Did he ever apply for anything with INS (USCIS), or did anyone ever petition for him?

Your question is very broad. Yes, sometimes an immigrant is required to go abroad to apply for a visa. While others are allowed to remain in USA and apply for a green card here. Yes, if he had been in the USA illegally for more than 180 days, a waiver will be required. As to preparing an "extreme hardship" waiver, it's advisable to consult an attorney.

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Office Telephone line is 1-402-210-2040 (please email first to schedule a consultation).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 5/15/10, 2:52 pm


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