How can my husband obtain permanent residency in the U.S without having to leave the country?

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I am a U.S Citizen. I have been married for about a year and a half and we have two daughters. My husband and I have been trying to put in the application for his residency, but the two immigration lawyers we have gone to, tell us he has to leave the county for an unknown amount of time (depending how fast he gets his appointment in Mexico). When he does get his appointment he is to go to Ciudad Juarez, Mexico and then tell them there why he thinks he should be able to come back to the U.S legally. If they dont let him come back he is obligated to stay in Mexico for ten years. After the ten years are up he can re-apply. If he tries to come back to the U.S within those 10 years and is caught, he can no longer apply for his residency ever again

Attorney Answer

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tuart Jonas ReichImmigration AttorneyNew York, NY ·
To be honest, you aren't likely to get better advice here than you would get from two face-to-face meeting with actual immigration lawyers who have had the chance to evaluate your case. I would trust what they told you more than anything written here. I do think it's more than likely that they are right. If a person has not entered the U.S. legally ("with inspection"), even marriage to a citizen won't let them get a green card here without leaving. If they have accrued one full year of "unlawful presence" in the U.S., the act of leaving the U.S. - even if it is to process for a green card abroad - subjects them to a ten-year bar to returning. There is a waiver available for this bar based on hardship to a citizen spouse or parent (he wouldn't need to tell them why he he thinks he should be let back in, but why keeping him out would be hard on YOU), but these aren't always easy to get. There is another way even someone who entered illegally can get a green card here: if they had some type of green card case on file before April 30, 2001 that was approvable when it was filed, they are eligible for an old law that just let him pay a fine. But these days, few people are still around who are eligible for this. There may be some hope if the laws change with major immigration reform, but we would need to wait and see.
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