QUESTION

Can I apply for citizenship or a green card for someone already in the US?

Asked on Feb 25th, 2011 on Immigration - Florida
More details to this question:
I am a US citizen and recently married an illegal alien from another country. How can I apply for citizenship or green card for him he is already within the United States?
Report Abuse

2 ANSWERS

First hire an immigration attorney and then sponsor your husband. My contact info is available on LawQA.
Answered on Feb 28th, 2011 at 1:51 PM

Report Abuse
Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
Update Your Profile
If you are married to someone with no legal status, you need to have a consultation with a competent immigration attorney to discuss if your spouse is eligible. If he entered illegally, then he is not eligible to obtain a green card in the US unless he fits into a law called 245i. That is where an employer or family member filed specific paperwork for him or sometimes a family member, before April 30, 2001. Otherwise he needs to leave the US and apply for a green card through the three step consular processing stage. If he has been in the US more than 180 days with no authorization, he will then be subject to a three or ten year reentry bar. You then must file an extreme hardship waiver to try to get that waived early. This is an intense process so I really recommend you make an appointment. Additionally you want to see if he has other eligibility such as asylum or a U visa!
Answered on Feb 28th, 2011 at 1:51 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters