Clarcona, FL Immigration Law Firms & Lawyers

A service center filing producing a MSC receipt is usually available only where your party is also filing an I-601 waiver of fraud or misrepresentation.  In that case, the time for waiting would likely be 6+ months.  Without the need to file the I-601, your party should be filing the I-212 at the local CIS office with jurisdiction over his/her place of removal proceedings.  There is no set timeline for I-212 adjudication from a local immigration office although this type of adjudication can usually be done within a year. A standalone I-212 must be filed at the local immigration office where the removal proceedings were conducted in situations like yours where the applicant has been refused for an immigrant visa at the American consulate or embassy. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

If you are married to someone with no legal status, you need to have a consultation with a competent immigration attorney to discuss if your spouse is eligible. If he entered illegally, then he is not eligible to obtain a green card in the US unless he fits into a law called 245i. That is where an employer or family member filed specific paperwork for him or sometimes a family member, before April 30, 2001. Otherwise he needs to leave the US and apply for a green card through the three step consular processing stage. If he has been in the US more than 180 days with no authorization, he will then be subject to a three or ten year reentry bar. You then must file an extreme hardship waiver to try to get that waived early. This is an intense process so I really recommend you make an appointment. Additionally you want to see if he has other eligibility such as asylum or a U visa!