Santa Fe, TX Immigration Law Firms & Lawyers

If your father's last entry into the country was legal or if he is eligible for 245(i), you can petition for him on form I-130 and he can concurrently apply for adjustment of status on form I-485. Otherwise, you can petition for him on form I-130 and allow the petition go through consular processing, which will require him to return to his home country to attend his immigrant visa interview at the US consulate. However, the consulate will require him to apply for a waiver on form I-601 after the interview and get it approved by USCIS if he wants to return to the US within 10 years of his departure. He is subject to the 10-year bar because he has presumedly been unlawfully present in the US for 1 year or more. To be eligible for a waiver, he must establish extreme hardship to a spouse or parent(s) who are citizens or permanent residents of the US. He cannot apply for a waiver on the basis of extreme hardship to a child(ren). This matter is very complex and you should seek the advice of an attorney before beginning the process.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.

Are you a US citizen? Did your husband enter the country legally? The fact that you're on Medicaid should not be a problem but you may need a joint financial sponsor to meet the minimum income requirements. Discuss your situation with counsel.