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Immigration Issues/Father-in-law & Social Security

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Question
To the point: Juventino is from Mexico and is married to a U.S Citizen about 30 years ago.  At that time the two applied for a visa and social security number. He received a SS# and temporary green card with the process of legalization in progress. Well the relationship went sour and his wife stop helping him become legal. He also destroyed his papers.  They separated and he continued to work for over 30 years under the SS# the government gave him. He is around 68 years old. We tried to get his benefits started but since he did not have a green card or SS card they told him he would not see his money.  He then decided to move back to Mexico to be around family but after 2 years his health and lack of income has made living in Mexico a danger to his life. We support him with money for rent and the essentials but I would rather support him here in the U.S. One of his sons submitted paper work for his green card but my Juventino move before he received a response.  I ended up finding out that the letter was returned to the INS and I could not get the results.  I believe we are going to have to start over in our efforts but I would hate to hear him pass before the process if complete.  Please help me get his visa and his benefits he worked so hard all of these years. Also his wife informed us that as soon as he passes she will try to collect his social security.  I just want what is best for him and so my wife can see more of him while he is still alive especially if I can do something to help him. You help me and I'll help him.  Any information that you can provide will be great.  If you need more information please email me.

Thanks in advance,
Ysidro Corona


Answer
Your question is far too fact specific and complex to adequately answer on a message board.  You really need an in person consultation with an attorney and it would have been far better to speak to an attorney before he left the US.  Since it appears that he overstayed in the US more than 365 days and then left, he is subject to a ten year bar to reentry and will need a waiver to enter before then.

There are literally dozens of variables and questions that would need to be answered before a plan of action or advice could be provided.  

This is much too complex and time consuming to handle on a message board.

Immigration Issues

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James D. Mills, Esq.

Expertise

I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.

Experience

I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

Organizations
American Immigration Lawyer's Association.

Education/Credentials
Juris Doctorate, Rutgers School of Law- Camden, 1997

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