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Immigration Issues/Filed petition I-130 for husband

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Question
I am a Us citizen, filed petition I-130 in 2004 was approved by immigration. My husband came in the country illegally December 2000.He was (16yrs old)
do we have other options in filing for a green card besides leaving the country and filing for a waiver???

Answer
Dear Lizzie:
It is very unfortunate that your husband [as per info provided] is not covered under the grand father law (section 245(i) of the INA) unless he has an immigrant petition and/or a labor certification filed on his behalf on or before 04/30/2001.

However, under the new Obama regulation, if your husband was under is age of 16, graduated from a HS, or has GED, or is currently enrolled in a school, and he is currently under the age of 31 and has no felony charge against him - he may be eligible to apply for work permit. You may see the details at "http://www.uscis.gov/portal/site/uscis"

Also, your husband may be eligible for other relief(s) because of his being in the United States for 10 years or more.  I recommend that you consult and/or hire an immigration attorney to provide on-going support with all the details (esp. about his entry into the US) as you may need an expert’s and/or professional’s help and advise to properly pursue the matter without any problems.  

You may send us the details via email or postal mail for review and consult if you so desire.  

Best wishes,
Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.  

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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