[blindlaw] immigration question

[AZNOR99 at aol.com]

Be careful.  If he has a criminal background or has ever been in any  
immigration procedings in the past, they may not approve his visa.  They  also 
may choose not to renew his visa if he comes from a particular country with  
whom the U.S. does not offer humanitarian visa waivers.  Finally, the 8-9  
months is just an estimate; I've been aware of folks who've expected that and  
have been now waiting 8-10 years.
 
I'd suggest that she contact USCIS directly to ask about her particular  
circumstances.  There are also some situations when it's more appropriate  to 
request political asylum (if warranted) rather than returning to the 
original  country.  Finally, there are certain situations when it isn't necessary 
to  leave the U.S. at all to apply for a greencard.  She can petition for an  
I-130 for him (spouse's petition for permanent residency) and while he's in 
 procedings, they can't deport him or anything.
 
Good luck.
 
Ronza
 
 
 
 
In a message dated 6/17/2011 10:54:03 A.M. Eastern Daylight Time,  
Susan.Kelly at pima.gov writes:

I  haven't done active immigration representation since I started at the 
public  defenders' office, but from what I need to know to stay current for 
that  position indicates that the information is correct.  Humanitarian 
waivers  are generally available for medical and similar purposes.  My only  
concern might be the fact that if they have kids together, the feds will  
automatically know (or at least suspect) that he previously entered without  
documentation.  I don't know if there will be a barrier because of that,  or at 
least some sort of monetary fine...

-----Original  Message-----
From: blindlaw-bounces at nfbnet.org  [mailto:blindlaw-bounces at nfbnet.org] On 
Behalf Of Mike Gilmore
Sent:  Friday, June 17, 2011 7:18 AM
To: blindlaw at nfbnet.org
Subject:  [blindlaw] immigration question

Hi everyone,

I had someone  come to me with a question about visas (of which I know 
nothing about.)  The situation is this: A woman is an American citizen and wants 
to get her  husband (an illegal) a visa. She is going to be under the care 
of a medical  professional soon. She was told by an immigration attorney 
that her husband  would have to return to his homeland for eight months to a 
year and would  be able to come back due to the attorney obtaining a visa 
waiver  because he (husband) is the only one who can help take care of the  kids 
since she (wife) will be under medical care.  

Anyway, I guess I was the "second opinion" so to speak. The  attorney who 
told her this used to work for the feds so I don't know why  I'm being asked. 
(I would think the attorney would know if anyone would.)  Any assistance 
that any of you can give me would be very much  appreciated.

Thanks.

Mike 
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