Does he really have to go back to where he is from??

Question: I got married a year ago and we are ready to get my husband papers. He just turned 18 years of age and has been here for ten years but he came here illegally, so will he be required to return to his country of origin? 

Answer:  If he initially entered without inspection and no one has ever filed for him or his parents in the past, then most likely he is not covered by 245(i) and would have to return to his home country to process his papers. If he leaves before he is 18 and 1/2, then he will not have triggered unlawful presence and may not need a waiver to return. Because of the complex issues in the case, you should definitely consult with an immigration attorney before proceeding with the case.

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