If i as a us citizen married and illegal immigrant, would he have to return to Mexico. What are other consequences?

Generally, someone who entered the U.S. unlawfully and without inspection is ineligible to adjust status in the U.S., even through marriage to a U.S. citizen, and instead would need to "consular process" from outside the U.S. If as an adult the person had been unlawfully present in the U.S. for a year or longer, he may be subject to a very harsh 10-year bar to re-entering the U.S. Under some circumstances constituting an exceptional level of hardship, it may be possible to accomplish a waiver of the harsh 10-year bar. There is no substitute for engaging an immigration attorney to carefully review all of the circumstances in order to assess eligibilities, options and strategies. [Note: Consistent with policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway, Poorak & Kennedy, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * [email protected]

Yes, generally speaking he would have to return and apply at Cd. Juarez and seek an extreme hardship waiver. These waivers are demanding, but not impossible. Also see if he has ever been the victim of a serious crime or domestic violence as he could obtain a U visa that could put him on the path to lawful permanent residence.

I agree with the answers by the other attorneys. First place to start on this path of getting him legal status will be by filing a I-130 petition. In your family's situation, the best way to proceed is with the assistance of an immigration attorney. Doing this process on your own is very difficult and mistakes can potentially be disaster. I assisted a husband and wife in similar situation, the husband processed through the cuidad juarez consulate and was successful in his waiver to reenter. Good luck!

Also, it is worth mentioning that we're waiting for USCIS to implement a new procedure that would allow certain individuals to file the waiver in the us and have the decision in hand before traveling to their home country to finish the processing of the visa (the person would still have to leave US, but for a much shorter period and with a waiver approval in hand). While the rules are not yet in effect, we anticipate them to go live very soon. My firm focuses on waivers and I would be glad to consult with you on how I may be able to help. Good luck!

First ofall, let's be clear. Your husband is not a criminal. Therefore, please do not refer to him as illegal. He may have committed an immigration offense, but that is NOT a crime. There are many different ways to obtain immigration benefits. Some do require returning to Mexico, however others do not. Every case must be analyzed individually. Do not rely on second hand advise and notarios. I am happy to sit down with both of you and review all of the facts. Then we can figure out together what the best avenue is for your husband.