QUESTION
Can my husband change his immigration status?
Asked on Mar 03rd, 2012 on Immigration - California
More details to this question:
I am a US citizen, and I married my husband who is an illegal immigrant that came through Mexico. We have been married since 2005. Is there any way for him to change his immigration status?
4 ANSWERS
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 Mexico but leaving the US would cause him to trigger an automatic 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, and this is fairly difficult to do in most cases.
Answered on Mar 08th, 2012 at 3:18 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Unfortunately, there is no easy way to correct his status. If you were brought here illegally, you cannot obtain any status (unless the laws change). There is an existing exception that permits the filing of a penalty ($1,000), if you have had a previous family or employment based case filed by 04/30/2001. Has anyone in his family filed such a case? Otherwise, you must go through a consulate process and be subject to a 10 year bar.
Answered on Mar 05th, 2012 at 5:50 PM
3 Awards
If he is not covered by 245(i), then he cannot adjust his status. However, he may benefit from this new "provisional waiver" now. Please contact an immigration lawyer.
Answered on Mar 05th, 2012 at 3:13 PM
Immigration and Naturalization Attorney serving Santa Ana, CA
at
U.S. Immigration Law Group, LLP
Update Your Profile
If your husband entered without a visa and did not have a petition filed on his behalf prior to April 30, 2001, he will have to depart the U.S. and go through consular processing in Ciudad Juarez. They are significant risks in doing so. Please be sure to seek the advice of a competent immigration attorney before proceeding.
Answered on Mar 05th, 2012 at 3:08 PM