QUESTION
Can I get a green card for my husband from a different country?
Asked on Dec 27th, 2010 on Immigration - Oregon
More details to this question:
I have been with my boyfriend for 5 years and we had a child together. We recently got married outside the US and I am wanting to bring him home to the US with me. He had entered into the US illegally the first time. Is there a way to get him a green card, if so how long will it take?
4 ANSWERS
It depends on your immigration status and how long he was in the United States illegally.
Answered on Jan 16th, 2011 at 8:13 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Because of his illegal prior entry into the U.S. and subsequent departure from the U.S. there is a good chance he has triggered a ten (10) year bar before he can return unless he qualifies for a waiver. If you are a U.S. citizen and he has no negative factors other than his prior illegal entry tothe U.S. there is an excellent chance this will be successful. These cases are complicated though and need to be thoroughly prepared and presented. It is a multi-step process for you to first petition for him, then prepare Department of State forms, then medical exam and interview at the consulate, finally appointment is made to present the waiver.Please contact me by phone or email discuss the procedures and fees and to get started.
Answered on Dec 29th, 2010 at 11:13 AM
William C. Gosnell
Yes file a I-130 and apply for a Visa for him.
Answered on Dec 28th, 2010 at 10:43 AM
Yes. His previous illegal entry makes the case complicated. He may need to file waiver application in addition to regular green card process. The likelihood of success depends on many factors, such as his country of origin, the time & manner of previous illegal entry, his family ties in the US, etc.
Answered on Dec 28th, 2010 at 9:58 AM