Immigration Issues/Illegal Immigration

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Question
My husband is a Mexican citizen he came here without inspection in 1998. He had a voluntary departure in 2003 (he paid to go back to Mexico). Then came back again without inspection. We meet in June 2003, have a daughter together (3 years old) married in 1/05. Filed for I-130 in 1/07, been approved, waiting for Visa interview date. Husband went home on Thanksgiving 2007 to be with his mother who was sick. He came back on 1/18/08 and got caught being charged with a misdemeanor illegal reentry charge. Received 60 days in jail as result.

I need to know what to do to have him in the US while we wait for the Visa appointment or what steps we need to take. Our attorney never told us anything about filing an I-129F after the I-130 was received. But since it is approved I can't file that know.

Any suggestions would be very helpful. Besides the daughter we have I have two older daughters who my husband is the step-father to. Now I'm here raising the three kids by myself and paying all the bills. Please help.

Answer
He is subject to the 10 year bar for his illegal presence here. Before he can come back, he will need an immigrant visa interview and then he will need to file the I-601 waiver for his prior illegal time here. If he can not prove he left by the date he was given for voluntary departure he will need a waiver for the prior deport order that the voluntary dfeparture order automatically turned into when he did not leave on time.

These waivers take 6-9 months to adjudicate adfter the immigrant visa interview and pardon filing. The fact that he was caught trying to come in again will be a bvery negative factor. If he is not approved for the pardon, there is no legal way to get him here for 10 years.

Regards,

Robert

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