Immigration Issues/Regarding petition for spouse & waiver
Yes he was deported the first time he came into U.S.
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I petitioned for my husband who was in the US illegally since 2001 (we
were married in 2003 and also began immigration process that year)to
get his residency. In April of 2006 we had our appointment at the Mexican
Consulate in Cd. Juarez where we were told he would need to be out of
the country while the waiver was sent to the Dept. of Homeland Security
to be processed. THe economic hardship waiver was written by me with no
help from an attorney I've heard that could make a difference? I have
heard that this process usually takes 6-9 months, but that it should not
take more than a year. Is this true and what is the next step if the
waiver is granted? What can I do if it is not given? He came into the
country illegally and was apprehended, photographed, and had his
fingerprints taken, then he tried again to come into the country a few days
later and was successful the second time (2001). He has not made any
attempts to cross the border the las 8 months he has been in Mexico since the
Consulate appt. Any help is greatly appreciated.
I believe you leaving a few factors out. After his apprehension, was he deported? You mention he came back into the country. Please clarify.
Unfortunately, a deportation is hard to overcome, particularly within 5 years of the deportation. And it also depends if he was involved in other than immigration violations. What will aggravate the situation is that he came back to the US after deportation, which is FELONY.
You may file form I-212 with the US Consulate/