Not sure what to do next. Just got out of 485 interview with my husband, was told he didn't qualify for any exceptions to I 485 and recommended he fly back to Honduras (his country of origin) and apply for a visa legally through there.n then reapply for I 485. He entered the country illegally in 2005 and we petitioned his daughter to come live with us. She is in USA and has her green card 14 year old minor. Spoke with an interpreter who handled the interpretation for out interview and she said that she knew of cases similar to ours where the petitioned didn't have to leave the country but didn't know the legal route since she was not an attorney. Does anyone have any suggestions on a next step? I appreciate any advice. Thanks!
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I 485 denied I 130 approved
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Probably because your husband entered without inspection. This is a complex subject and you need to research well. You might need an attorney to apply I-601A.
I'm not sure about its latest. In the past he had to go to his country to apply and there could be a ban for his unlawful presence. In 2012 there was a talk about it could be filed from the US.
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Check this out also:
Line-by-line instructions for filling out USCIS Form I-601, used by intending immigrants to apply for a waiver of inadmissibility.
Secon last paragraph especially. And Eligibility:
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