QUESTION
Can I file a green card application for my husband?
Asked on Oct 17th, 2011 on Immigration - Maryland
More details to this question:
I am 18 years old and my husband is 22. Though we have been together for 2 years, we only got married a month ago. He made an illegal entry to the US 3 years ago. He has no deportation case nor any criminal record. Can I file a green card application for him?
8 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
If he entered illegally he cannot adjust in this country unless he was the beneficiary of a petition filed before April 2001 (such as a parent's or labor certification). He could leave the country but then he will be subject to a 10 year bar and will need a waiver, which may be difficult. Otherwise you may have to wait for a change in the law.
Answered on Oct 26th, 2011 at 5:39 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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It looks like he has to leave for consular processing. But this is very complicated and you must seek help of a seasoned immigration attorney.
Answered on Oct 20th, 2011 at 1:23 PM
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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You certainly can, but filing it does not mean that he is going to get it.
Answered on Oct 20th, 2011 at 1:20 PM
Assault Attorney serving Richardson, TX
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Since his entry was illegal he cannot adjust in this country and will need to do consular processing. There are dangers that you need to be aware of in filing for him so consult an immigration attorney.
Answered on Oct 20th, 2011 at 12:24 AM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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You may file a visa petition for him, but he cannot apply for adjustment of status to get a "green card" if he entered without inspection, unless a qualifying relative filed a petition for him prior to April 2001. If your visa petition is approved, and your husband cannot apply for adjustment of status, he will need to apply for an immigrant visa in his home country. Because he may be subject to re-entry bars for being in the US without permission, he needs to speak with an immigration attorney.
Answered on Oct 19th, 2011 at 6:42 PM
Business Law Attorney serving Ketchum, ID
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Adam B. King, Attorney at Law, PC
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You can file the application but your husband will have to return to his country or origin and file an I-601 waiver with the proper evidence.
Answered on Oct 19th, 2011 at 6:37 PM
Corporate & Incorporation Attorney serving Coral Gables, FL
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Hans Burgos, P.A., Immigration Law Offices
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You may file a petition for a green card on his behalf (one which may be approved by the USCIS); but unfortunately he may not be able to adjust his status and get his green card because he entered the US without inspection or illegally.
Answered on Oct 19th, 2011 at 5:56 PM
Immigration and Naturalization Attorney serving Gaithersburg, MD
Partner at
Glinsmann Immigration
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You may file a green card case for him, but he will most likely need to leave the US to request the final green card at the US embassy in him home country. He will also need to request a waiver since he has been in the US longer than a year without proper status. The waiver application is strongest after the marriage is older and you have children. The stakes are high in this type of case, so you should see an experienced immigration lawyer to review the facts of your case in detail before taking any action.
Answered on Oct 19th, 2011 at 5:27 PM