Asked in Immigration Law for Georgia

Q: I am a citizen and my husband is from mexico hes been here since 2007 can I ask for a petition for him ?

Hes been here since 2007 but went back to mexico for 7 months in 2009 for family emergency hes back now will that be a problem ?

Related Topics:
1 Lawyer Answer
Mr. Floyd James Fernandez
Mr. Floyd James Fernandez
  • Immigration Law Lawyer
  • Valencia , CA

A: Unfortunately yes. With your husband having lived in the U.S. illegally for more than a year when he left to tend to seriously ill family in Mexico for 7 months, he violated Section 212(a)(9)(C)(i), which means that he has a permanent bar from being able to even ask permission to obtain a waiver of his inadmissible status, unless he waits 10 years outside the U.S. He does, however, have the option of asking for an extraordinary relief from USCIS called, 'nunc pro tunc' relief, where you waive the effect of the act of his recrossing the border, based on a severe hardship on your part.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.