Dear Editor:
Regarding Name Withheld's letter,
my advice is that you go to a walk-in or free clinic for immigration advice. You can probably call some non-profit organization or charity for a referral, or look on the INS/BCIS website for such listings in your location. If you can afford counseling, often a list of qualified immigration attorneys is available from the charitable legal services organizations. AILA also is a source for referrals.
No one can properly counsel you without being able to ascertain all of the facts of your situation. If your spouse is "undocumented" and entered without inspection, even if you file a "one step" family petition and all the supporting documents, you are looking at his being "summoned" to the Embassy in the country he came from... and once there, being subject to the 10 year bar for unlawful presence. There are "waivers" (there are forms) and you produce supporting documentation with the waiver that you can file with your other papers. You have the burden to show prove your extreme hardship on yourself and the baby from the situation. Word of mouth has it that the waiver process, depending on where he is submitting it, can take over a year. Word of mouth has it that most waivers are granted. If your spouse has committed other immigration violations, you may need other waivers... or he may be inadmissible. That's where all the facts come in. You'll need all your identity official govt. documents gathered and photocopied to prepare... such as marriage, birth, divorce, child's birth, etc. Good Luck! I welcome other imm. attys. to comment on this USC's plight so we can all learn from the experience and perspective of others... and help someone. It is one of the most common situations you find with those seeking pro bono clinic counseling.
Imm. Atty.
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