QUESTION
Can an illegal immigrant fix their papers here in the US or do they have to leave the country?
Asked on Jul 25th, 2012 on Immigration - Wisconsin
More details to this question:
My husband entered the US illegally in 2006. Can he fix his papers here without leaving the country? We have two kids.
14 ANSWERS
Immigration and Nationality Attorney serving Miami, FL
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CruzLaw PA
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Not right now. DHS is considering relaxing waiver requirements where the spouse of a US citizen will be able to apply for a waiver from within the United States. Why is this important? Because if someone is here illegally and leaves the country, they will be subject to the inadmissibility bars - (3 years over 180 days but under 1 year illegally; 10 years over 1 year illegally, others). The bars only kick in when the person leaves. Be very careful here: Just because the I-130 is approved and you get an "invitation" to go back to your country to get a visa does not mean you will get it.
Answered on Aug 06th, 2012 at 8:51 PM
Immigration Law Attorney serving Diamond Bar, CA
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Emmanuel Osagie Eke & Associates
Most aliens who entered the United States without inspection will need to leave the country and do consular process. However, some changes to the waiver relief presently be contemplated may allow your husband to adjust and obtain his permanent residency (Green card) without leaving the US. Contact an immigration attorney for detailed information about this waiver.
Answered on Aug 03rd, 2012 at 3:23 PM
Unless your husband is protected by the provisions of section 245(i) or section 245A, your husband will have to adjust outside the United States. The legal complication with that is that if your husband leaves the United States to adjust his status, he will be hit with a 10 year bar from reentering the United States because of his unlawful presence. He would be able to apply for a hardship waiver (I-601) but could take a very long time. However, there is some good news for the immigrant community. There will be changes with the waiver program, DHS has proposed new rules that would allow immigrants to apply and seek the hardship waiver in the United States before leaving the US to go to the consulate in their native country to finish processing their visas. This is a significant change that would reduce the time of separation within families. Please see an immigration lawyer who can assist you further with your husband's case. I was a Senior Attorney with DHS/ICE for 17 years and I am now in private practice. You may contact my law offices and schedule a consultation.
Answered on Aug 01st, 2012 at 8:53 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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It depends on all the facts and your question does not mention them. Generally the answer is yes. He can apply for a waiver to come back sooner and this can be easier if he is married to a United States citizen. Again, a fact not mentioned.
Answered on Aug 01st, 2012 at 5:50 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Not at the present time, however, a waiver may be available soon that will allow him to process his Permanent Residence application in the U.S. without having to return to his home country. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's situation. He/she would then be in a better position to analyze his case and advise you of your options.
Answered on Aug 01st, 2012 at 5:01 PM
Appellate/Appeals Attorney serving Denver, CO
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Law Office of Michael P. Gianelli, LLC
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You should consult with an immigration attorney in person. If your husband entered without inspection he may still be eligible to Adjust his Status in the US if someone else petitioned for him on or before April 30, 2001. Also, we are awaiting an announcement from the federal government about a new policy that allows people to seek waivers in the US even if they need to consular process.
Answered on Jul 31st, 2012 at 9:53 PM
Commercial Attorney serving Portsmouth, NH
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Mesinschi Law Offices, PLLC
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Hello it depends on the particulars of your husbands' case but it may be possible with an immigration lawyer representing you both. Leaving generally means a 10-year Reentry prohibition so you want to try to avoid that of possible. Call one of the immigration firms here and discuss the case in detail and see if they'll take your case based on that discussion.
Answered on Jul 31st, 2012 at 9:51 PM
NO, if he entered the US unlawfully, under the current immigration laws, he is not eligible to adjust status within the US. He would have to go back to his home country to consular process but as soon as he leaves the US, he triggers an automatic 10 year bar to reentry because of his overstay in the US. This bar to reentry can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.
Answered on Jul 31st, 2012 at 9:23 PM
1 Award
Yes, it is possible to adjust his status while he remains in the country. Depending on his circumstances, it might be worse for him if he does leave the country. Assuming you are a U.S. citizen, he has a good chance of receiving permanent residency. Talk to an immigration lawyer to assess your case.
Answered on Jul 31st, 2012 at 2:59 PM
Immigration & Naturalization Attorney serving Olympia, WA
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Seifert Law Offices PLLC
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Probably yes, he will have to leave the country to process his visa. However, a new program this year should be available to you both, so that when he leaves, he already has his "provisional waiver," and will not have to stay long.
Answered on Jul 31st, 2012 at 2:43 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Who is going to petition for him? If he entered illegally, its unlikely that he will be able to fix his papers inside the US.
Answered on Jul 31st, 2012 at 2:37 PM
Rebecca T White
The short answer is probably not - he will likely be required to do consular processing, and may need a waiver. However, more details would be needed to give you an answer specific to his situation.
Answered on Jul 31st, 2012 at 2:29 PM
Immigration & Naturalization Attorney serving Seattle, WA
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Orbit Law, PLLC
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That depends on several factors which you have not mentioned. If someone filed an Immigration petition for your husband before April 30, 2001 then no, he may not leave to leave the U.S, but if that did not happen, then yes, he will have to leave. USCIS will (has not been formally put in place) be offering applicants the ability to process waiver applications in the U.S. so this should cut down the amount of time your spouse may be required to stay out of the country, but he would still be required to leave. As always, you should at least consult with an experienced Immigration attorney to discuss the merits of your personal case before you proceed.
Answered on Jul 31st, 2012 at 2:22 PM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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If your husband entered without any papers at all, he will have to leave the country unless he qualifies for an unusual exception. If he entered with papers but overstayed and is now illegal, he should be able to become a Permanent Resident without leaving the US.
Answered on Jul 31st, 2012 at 1:14 PM