You are here:

Immigration Issues/Illegal husband of US Citizen

Advertisement


Question
I am a U.S. Citizen who has been married to an illegal (Mexican) immigrant for 5 years. We have 3 kids and he has one son with another illegal immigrant. My husband came to the US in 1986 at the age of 13 on his own and was unable to file for legal status as an unsupervised minor.

Over the last five years, we have made many inquires about how to process his paperwork and everyone says that no matter what, my husband will have to go to Mexico to complete a meeting and that he will be required to stay in Mexico until he gets a response. From what we are told, the response can be expected in six weeks up to two years. Is that the only way and time period available?

I was also told to get psychiatry evaluations for the whole family to show the hardship of losing a husband and father. I work for a psychiatrist, can I get the evaluations from my employer?

Since everything is in my name (houses, cars and bank accounts) what would he claim as his assets?

If I wanted to have my husband's aunt come from Mexico to assist me with our children in the case that he was not able to stay in the US until this got cleared up, what is the time difference (of course approximately)between filing for my husband as a illegal immigrant in the US vs. filing for my Aunt-in-law who resides in Mexico?

Is there any way for me to file a visa application for my step son's mother? Or is there a way for my 12 year old step son to file for his mother?

On a person note - isn't it violating my children's rights to deny them from their father unless my children leave the US while my husband is forced to be in Mexico?

Answer
He can not get his green card without going to Mexico. The waiver he has to be approved for before they give him permananent residence will take between 6-12 months. The evaluation would help and can be gotten from your employer. he does no need assets. The aunt can go to the Embassy and apply for a B-1 visa to come here and help you. You can not apply for your stepsons mom and he can not file for his mom until he is 21. Unfortunately it is not a violation of their rights to have to choose between living in mexico with their dad or being seaprated from him or visiting him frequently but living here.


Regards,

Robert

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Robert Hollander<B> Esq.</B>

Expertise

General

©2016 About.com. All rights reserved.