Bend, OR asked in Immigration Law for Oregon

Q: Husband on visitors visa and needs to leave before filling AOS

He is from algeria we got married when he came back the second time in november 2016 . His father is very ill and he wants to leave before his extension expires and before we file AOS Me and my husband got married feb 4th, his father has gotten ill and he needs to leave and he wants to leave USA before we file aos. he came on a 2 yr visitor's visa from algeria. At this point in time he is still legal through his l94 his visa expired Dec 8th and his 6 month extension will expire may 12th from his second entry. He wants to leave before may 12th. What are our options beside him leaving and us doing marriage visa? Obviously he cant come back on a visitors and he doesnt qualify for H1B Visa.

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Chicago, IL

A: This is unfortunate. It can take three to four months, perhaps longer, before he may secure an advanced parole document to travel. It can take a year or more to return with an immigrant visa through the U. S. Embassy in Algeria. He must process through the USCIS, then then National Visa Center, then the Embassy, then enter the U. S. If there any additional complications, then there can be additional delays, where you may live away from each other.

I strongly recommend an appointment with a competent and experienced immigration attorney before he departs, where he insists upon departing. The separation can have a significant effect upon the marital relationship.

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