Fountain, CO Immigration Law Firms & Lawyers

I am assuming that he is still in status on his student visa. You would first need to file a form I-130 and then a form I-485. I would strongly suggest that you consult with an experienced immigration attorney to guide you through the process and to make sure that all of the necessary documentation is supplied to the U.S.C.I.S. in a timely manner so as not to delay or prejudice your petition.

Technically, you should be able to petition the government for a permission for your husband's return to the U.S. However, I cannot give you a definite answer because you did not provide enough information. What was your husband's status in the U.S.? How did he come to the U.S. and how long did he live here? What was the reason for his removal from the U.S.? Was he deported or did he leave on a voluntary departure? Are you legally married? What is the nature of your daughter's handicap? Do you have any medical and/or psychological problems? All this is important and has to be discussed before a correct decision could be made. You need to consult with an immigration attorney.

Your calculation of two is the proper number in calculating the affidavit of support for you. You cannot be counted twice, and so your husband should ignore the line "if you are currently married, count 1  for your spouse." Otherwise the number in your total household is incorrect.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.