Immigration Issues/Should he go back?

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Question
I (US Citizen)am married to my husband for 4 years, he entered the US illegally and was caught and released on bond in 2001. Was schedule to court and did not show(address was phony), now made it order of deportation. Should he go back to Honduras(place of birth) and start there and file paperwork? or should we start here and pay a forgiveness? Or should we just wait.

Answer
Hello Cindy:



Your husband entered illegally into the United States and is therefore considered an EWI (entered without inspection). Any alien who enter the United States without being inspected or admitted, cannot adjust his or her status as the spouse of a US citizen into the United States. You can file the paperwork in the US, but your husband will have to return to his country to obtain an immigrant visa.

However, his standing order of deportation as well as the accrued unlawful presence will render him inadmissible in the US for 10 years, unless he obtain a waiver.

Sincerely,


Annick Koloko

Immigration Issues

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Annick Tchokonte-Koloko

Expertise

Ms. Koloko's practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Ms. Koloko is an experienced litigator who practices regularly in courts throughout the United States.

Experience

Ms. Koloko had litigated cases before the Immigration Courts as well as the Board of Immigration Appeals. Ms. Koloko also handled successfully numerous non-immigrant and immigrant applications before USCIS, as well as US Consular Posts.

Organizations
AILA (American Immigration Lawyers Association) Admitted to practice in U.S. District Court, Western District of New York Admitted in New York

Education/Credentials
Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.

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