QUESTION
Can my husband get his papers even though I am a low income family?
Asked on Oct 01st, 2011 on Immigration - Georgia
More details to this question:
I married my husband in July. I have been told that I have four mental illnesses and it is not a good that my husband get sent back to his country. 1. manic depressive 2.bipolar 3.PTSD 4. separation disorder. Two years ago, I got stabbed and then my dad died. My husband has been here for me from day one. How can I get him to stay here with me?
5 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
I would need to evaluate his immigration situation to properly advise you. You will need to also show he won't be a public charge so you may need someone to act as the co-sponsor for you.
Answered on Oct 28th, 2011 at 1:21 PM
It depends how your husband entered the United States. If he entered lawfully he should be able to adjust his status to permanent resident in the United States. If he entered illegally, he will have to go to the consulate in his country. If he has been illegal in the United States for over 6 months he will have a bar to reentry. Based on your medical condition it would be possible to file a waiver to the bar to reentry.
Answered on Oct 10th, 2011 at 11:26 AM
Immigration and Naturalization Attorney serving Gaithersburg, MD
Partner at
Glinsmann Immigration
3 Awards
If you have low income, you may still be able to sponsor your husband. Your husband must first be eligible (entered the US with inspection, not be inadmissible due to commission of crimes, not have committed prior immigration fraud etc) and you will need a close friend or family member that is a US Citizen or permanent resident and has sufficient income to agree to act as a financial co-sponsor.
Answered on Oct 07th, 2011 at 11:00 AM
Intellectual Property Attorney serving Menlo Park, CA
at
Sheppard Mullin
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It depends on many factors. The most important one is if he entered the US legally. If not, unless he is 245i protected, he cannot adjust status in the US. If he cannot adjust status, then he has been in the US for more than 10 years without long absence, he may apply for cancellation of removal. Please consult with an immigration lawyer for advise.
Answered on Oct 07th, 2011 at 2:41 AM
I am very sorry to learn of your illnesses and the death of your father. Generally, the mental status and financial status of a U.S. citizen will not stand in the way of her petitioning for her husband to become a Lawful Permanent Resident (to get a "Green Card"). Since you do not have sufficient income to meet the Affidavit of Support requirements (generally 125% of the poverty level for the applicable family size), it will be necessary for you to have a joint sponsor. Most U.S. citizen or Lawful Permanent Resident with sufficient income may serve as a joint sponsor.
Answered on Oct 07th, 2011 at 2:20 AM