Petition for Alien Relative : Illegal Husband

[jace89]

My husband and I filed the petition for alien relative (he came here without a visa) in August.
When we first had our consultation with our lawyer, he said that the whole process takes about 6-12 months...
It is now 8 months. In December, we received a letter from UCIS that they received our application and payment and it is in line to be reviewed.

I was wondering if anyone else here had any insight? Like how long it took for yours to be accepted and receive a green card after the whole process?

My husband and I really want to go to his home country together (Costa Rica) and meet his family. he hasnt been there in 12 years. when we come back, he gets a better job/he opens his business here , we buy a home and start a family. Basically, our whole life is being put on hold until this happens. He can't even get a drivers license

[MaryH]

Every case is different and no two case is exactly alike. Takes a lot of patience and good nerves.

[rayb]

Since your husband did not enter the U.S. with a legal visa, how is your attorney preparing to deal with possible "inadmissibility" of your husband. Is your attorney offering any strategy to oversome your husband's lack of an original legal entry?

--Ray B

My husband and I filed the petition for alien relative (he came here without a visa) in August.
When we first had our consultation with our lawyer, he said that the whole process takes about 6-12 months...
It is now 8 months. In December, we received a letter from UCIS that they received our application and payment and it is in line to be reviewed.

I was wondering if anyone else here had any insight? Like how long it took for yours to be accepted and receive a green card after the whole process?

My husband and I really want to go to his home country together (Costa Rica) and meet his family. he hasnt been there in 12 years. when we come back, he gets a better job/he opens his business here , we buy a home and start a family. Basically, our whole life is being put on hold until this happens. He can't even get a drivers license

[jace89]

Since your husband did not enter the U.S. with a legal visa, how is your attorney preparing to deal with possible "inadmissibility" of your husband. Is your attorney offering any strategy to oversome your husband's lack of an original legal entry?

--Ray B

he did mention to us that he was going to prove 'proof of hardship' for me so thats how that would work.. im not sure if that was his 'strategy'

[rayb]

I don't think it is good ethics to criticize a professional legal person without having the whole story...but most immigration attorneys will be reluctant to accept a retainer without making you fully aware of the weakness of your Adjustment procedure. "Proof of hardship," which actually means "for "Humanitarian" reasons," is not a legal strategy to get a Green Card for someone who did not enter the U.S. with a legal visa.

In fairness to your attorney (if he is a licensed attorney), I recommend that you obtain more information from him about how he will handle a possible denial at your eventual interview, with the resulting loss of all the fees you have paid, both to him and to USCIS.

--Ray B

he did mention to us that he was going to prove 'proof of hardship' for me so thats how that would work.. im not sure if that was his 'strategy'

[jace89]

I don't think it is good ethics to criticize a professional legal person without having the whole story...but most immigration attorneys will be reluctant to accept a retainer without making you fully aware of the weakness of your Adjustment procedure. "Proof of hardship," which actually means "for "Humanitarian" reasons," is not a legal strategy to get a Green Card for someone who did not enter the U.S. with a legal visa.

In fairness to your attorney (if he is a licensed attorney), I recommend that you obtain more information from him about how he will handle a possible denial at your eventual interview, with the resulting loss of all the fees you have paid, both to him and to USCIS.

--Ray B

thank you very much. i will definitely ask the attorney about that.

[jace89]

I don't think it is good ethics to criticize a professional legal person without having the whole story...but most immigration attorneys will be reluctant to accept a retainer without making you fully aware of the weakness of your Adjustment procedure. "Proof of hardship," which actually means "for "Humanitarian" reasons," is not a legal strategy to get a Green Card for someone who did not enter the U.S. with a legal visa.

In fairness to your attorney (if he is a licensed attorney), I recommend that you obtain more information from him about how he will handle a possible denial at your eventual interview, with the resulting loss of all the fees you have paid, both to him and to USCIS.

--Ray B

So yesterday we received our approval notice from USCIS! They told us that they were sending it to NVC in New Hampshire, and we can expect a reply from them within 30 days (if we do not we can email them our case #) I was just wondering if you had any insight about what this step will consist of? And since we are anticipating a reply in the next 30 days from NVC, does this mean the rest of the process is likely to be fast? Thanks for all of your help!