QUESTION
Can my husband be legalized if I am disabled?
Asked on Aug 07th, 2011 on Immigration - Florida
More details to this question:
my husband is illegal here, and is it possible for him to get legalized if I am disabled and also my son is disabled he has autism and is deaf. My husband is the person who helps us, to go with us to doctors appointments and other places we need to go. Please help.
11 ANSWERS
William C. Gosnell
After two years of marriage file an I-130 for a visa
Answered on Aug 31st, 2011 at 9:25 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Are you a U.S. citizen? Did your husband come with papers and overstay or did he come without papers? Does your husband have a criminal record? Has he left the country since becoming illegal? Has anyone filed papers for him before? I suggest you set up a paid consultation and we can review the facts and then advise on the timing, process, whether he will need to complete the case in or out of the U.S., will a waiver be needed, equities for the waiver, and of course the fees once we know what needs to be done to obtain his permanent residency.
Answered on Aug 31st, 2011 at 7:12 AM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
Update Your Profile
If he has been in the US for 10 years, there might be a way to make him legal.
Answered on Aug 29th, 2011 at 1:57 PM
Real Estate Attorney serving Frisco, CO
at
The Law Office of Eric A. Fisher, LLC
Update Your Profile
If you and/or your son are US citizens, you can file a visa petition for your husband, which is the first step in his becoming "legal". There may be other options, but I would need to know much more before giving any advise.
Answered on Aug 28th, 2011 at 6:29 AM
Corporate & Incorporation Attorney serving Coral Gables, FL
at
Hans Burgos, P.A., Immigration Law Offices
Update Your Profile
Yes, depending on how long he has been in the US. He may qualify for cancellation of removal if he can show that he has been physically present in the US for over 10 years.
Answered on Aug 26th, 2011 at 8:03 PM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
Update Your Profile
It depends on the nature of his unlawful status. Did he enter on his own visa and overstay, enter EWI, present false documents or claim to be a US citizen? These are all different regarding the relief he may be entitled to.
Answered on Aug 26th, 2011 at 6:50 PM
Immigration & Naturalization Attorney serving Seattle, WA
at
Orbit Law, PLLC
Update Your Profile
Yes. Although the process that he and your family would have to go through would be different based on your legal status and the facts of the case. If he entered the country legally i. e with a valid visa then he may be eligible to adjust status based on a petition you file for him as the spouse of a U.S. Citizen (if you are a Citizen). If he entered illegally then he may still be able to receive Lawful Permanent Residence but the process would be different. It is difficult to give you a detailed answer to your question since the process you will need to follow depends on various factors that you have not provided information on. Please contact an Immigration attorney in your area for advice regarding the particulars of your case.
Answered on Aug 26th, 2011 at 6:23 PM
Your husband can apply for a green card if you are a U.S. citizen. He would have to leave the U.S. and apply at a U.S. Consulate if he entered the U.S. unlawfully. If that is the case, he will likely need a waiver because of his unlawful presence in the U.S. but appears to have a strong waiver case. You should definitely talk to an experienced immigration attorney before taking any steps.
Answered on Aug 26th, 2011 at 12:55 PM
This is complicated. It also depends upon his past. I strongly recommend an appointment or teleconference with an experienced immigration attorney.
Answered on Aug 26th, 2011 at 11:32 AM
This would be a good case for consular processing with a waiver. Based on the medical conditions, it is likely that he would get a quick approval.
Answered on Aug 26th, 2011 at 10:26 AM
Contract Negotiations Attorney serving Miami Lakes, FL
at
Florido & Associates, P.A.
Update Your Profile
Yes, he can be potentially be legalized. Your disabilities do not hinder his ability to do same. Are you a citizen? Did he enter legally? If the answers to those questions are "yes" then perhaps he qualifies for residency.
Answered on Aug 26th, 2011 at 10:16 AM