Fishkill, NY Immigration Law Firms & Lawyers

It all depends.  If your husband had no problem returning back to the US in 2001 and has lived in the US since then,  he should be able to get his citizenship.  

It appears that your attorney does not know the immigration law. Retain an attorney who does; he/she will tell you how to handle the "separation" from your current counsel. First of all, don't leave the U.S. If you do, you will not be able to come back, in any status, for 10 years. In terms of the immigration law, you will become inadmissible as a person who is present in the U.S. without authorization for over 1 year. (Technically, your parents could apply for a waiver of inadmissibility (a permission for your re-entry to the U.S.), but it is difficult to obtain; and there is no reason to place yourself in position where you would need it). Second, when your father becomes a U.S. citizen, you will not get a green card automatically: your father would have to file an I-130 petition for you, and you will have to file an application for adjustment of status. It would have to happen as soon as possible, because the process takes time, and you need to be under 21 and unmarried when it is completed. Otherwise, you will no longer be an immediate relative, and not covered by the exception that allows you to adjust status despite the fact that you are not in a lawful immigration status. (Of course, if you marry a U.S. citizen, and she files an I-130 petition for you, these rules will not apply - you will be able to adjust status at any age.) Ask your new attorney whether your father or mother might obtain a medical exemption from the English language and civics examination for naturalization. If they can't, it is on you to make sure they understand that one of them must become a U.S. citizen so you could become legal. You will also have to find a good ESL program for them. It does not have to be expensive; many community colleges and local civic organizations have excellent ESL programs. Do not disregard the programs that are available on Internet and from numerous software programs, but nothing can replace a live instruction and class interaction experience. And, of course, you should become your parents' primary ESL teacher; what you think you lack in qualifications is amply compensated by your own experience in learning English, by the insights you have as a bi-lingual person, and by the trust and love that exists between you and your parents and will help you overcome this daunting task. Just don't let a single day slip by without your parents learning at least 5 new English words - and without your reminding them that they *can* learn enough English to pass the naturalization tests. Finally, if you graduated from a high school (or still a student) and have no significant criminal history, you can apply for work authorization under Deferred Action for Childhood Arrivals program. Being able to work, obtain Social Security number, and driver's license can make your life a bit easier while you wait for your father's citizenship and approval of his petition for your green card.

Assuming he enters the USA on ESTA with non-immigrant intent and then you all later decide to marry while he's here, the law then allows you all to file papers and for him to stay. Come see me and I'd be happy to help you.