We will be start a process of petition for my husband. He come from Mexico without visa. Does he need a forgiveness? Can my husband need to go back to Mexico? Can he stay here during his process? Does we need pay something for it forgiveness? He come on May 2007. Never had a problem with the police. He make his taxes.
If you are a U.S. citizen, you can file with USCIS the FORM I-130 on his behalf. Upon approval, the case will be transferred to the NVC. After the NVC fees are paid, he will then file the FORM I-601A with USCIS to request a waiver. After the waiver is approved, then he will complete the processing of the case with the NVC and obtain the appointment to visit the U.S. consulate for his immigrant visa interview. You should consult with a qualified immigration attorney.
Yes, he is most likely required to complete the process at a consulate in Mexico. There is a provisional waiver (I-601A) that you can apply for before leaving. He can stay here during most of the process, and will only need to return to Mexico for a short time for the interview at the consulate. You need to pay the fees for each USCIS form. If he is paying taxes, it sounds like he is working without authorization. Luckily, unauthorized employment is not a bar to adjustment of status through a spouse.
It depends on your status, If you are a U.S. citizen, you are eligible to file FORM I-130, Petition for Alien Relative for your husband and once it is approved, the case will be transferred to the NVC. After the NVC fees are paid, then need to file FORM I-601A with USCIS to request a hardship waiver. After the waiver is approved, then complete the processing of the case with the NVC and NVC will issue interview date in Mexico and then need to go for interview. You should contact an Attorney for Hardship waiver even if you file I-130 yourself.
IF you are a citizen you can start the process here. Besides your petition you will need to submite a 601A waiver, which is like requesting a pardon for his illegal presence. Once that is approved he will need to go back to Mexico to complete his application, but it will be only for a few days in order to attend the interview.
