What are the steps thatI need to take in order to get my husband his visa?

My husband left the US a couple years ago due to critical family issues resulting in deaths. We are in the process of sending out his final packet. What step must I take in order to know if he is still eligible in finishing up the process? I’m at a standstill and not sure whether to move to be with him in Mexico or just stay here.

Asked on November 7, 2011 under Immigration Law, Oklahoma


SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If he was in the US unlawfully prior to his departure, then, depending on the length of his unlawful presence, he may be barred from reentry for 3 or 10 years (depending on the length of the unlawful presence time in the US).  Without knowing more details about your particular situation, it is not possible to answer your question as to whether or not he is eligible to finish the process.  You can certainly submit all the documentation and wait for the answer since that will be the determining decision anyway and that way you can prepare for the waiver process, if you plan to submit one and one is required.  Or you can consult with an immigration attorney in your area to discuss the specifics of your situation and understand the process going forward.

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