Will my ex-husband ever get his permanent residency?

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Will my ex-husband ever get his permanent residency?

My ex entered the US legally as a student. He overstayed his visa. When we married, I believe he was over about 6 months. We applied and never got anywhere. We separated, he met someone else, then we divorced and they married. His new wife’s I-130 was denied based on my very first interview when I mentioned I didn’t want him to have to leave the country. They appealed. Appeal was misplaced. He was ordered deported. They sued immigration, appeal was found. He just got a letter saying DHS is exercising prosecutorial discretion and administratively closing the case. Will he be able to adjust now?

Asked on May 14, 2012 under Immigration Law, Utah

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There seem to be very  many facts in this case that are not explained and it is not possible to give an opinion based on so little information.  He should be able to adjust status within the US if he has a bona fide basis for so doing but in order to assess his particular situation, he needs to consult with an attorney and provide/disclose all the relevant information/documentation.


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