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Immigration Issues/american and husband from mexico


hello,i am an american,born here,my husband is from mexico.he has been here since 1999.we have 1 child together.he is here in the united 2005 we filed an I130 application and it was approved.we never filed for an adjustment of status because we were told there was a very good possibility that he would be deported because of the way he entered the that true?if so, is there any way around it?

Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Angie,

It sounds like your husband is either an overstay (meaning he used a visa and then never left the US) or he came to the US without using any visa at all.

If that is the case, then showing up for an adjustment of status interview would likely get him deported.

There is a procedure to ask for a 'waiver' of his illegal presence in the US.  The procedure involves him having to go back to Mexico to apply for his greencard (based on the approved I-130) but you as the American will have to show that you would suffer 'extreme hardship' if he weren't able to return to the US.

I handle a lot of these types of cases successfully, but it takes a lot of documentation and work.  You must be really sure that your waiver will be approved before you take this risk.  My best advice is to work with a good attorney who will take the time to listen to you and who will take a lot of time to prepare this for you and your husband.

Good luck.

Eileen Chun-Fruto

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Eileen Chun-Fruto


I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).


I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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