Earleton, FL Immigration Law Firms & Lawyers

If he does not have any other issue, you can petition for him and it will take about 5-6 months for the USCIS to adjudicate I-130 visa petition. If approved, it will take another 4-6 months for national visa center and the embassy to schedule interview

The law against representing oneself as a US citizen when one is not has been in the immigration law a long time, but prior to the Illegal immigration Reform and Immigrant Responsibility Act of 1996, individuals were able to obtain waivers where this occurred. The law was changed so that there can be no forgiveness for such misrepresentations since September 30, 1996. As you know, all persons born in Puerto Rico are US citizens. If your husband represented that he was born in Puerto Rico, he would run afoul of this law. The question is whether he made the misrepresentation for a purpose or benefit under the state law.  Your attorney should explore the issue. 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.  

It is unlikely that merely registering to vote (while not claiming to be a US citizen) that the USCIS would even know about the registration issue, let alone want to take action to remove the person. This will be an issue when she applies for citizenship however.