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Can my husband recieve his papers now that we are married with a child, I am a born citizen and he is not here legally?
6 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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It depends on the exact date and manner of his entry to the US, any immigration or criminal violations, any filings to get him grandfathered for section 245(i) and if there is an extreme and unusual hardship to you if he were to be denied his permanent residence.
Answered on Mar 19th, 2012 at 1:34 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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If he was not convicted of a crime or ever deported, he can do consular processing if he entered unlawfully and was never a beneficiary to a family or labor petition. He will have to leave the country. However, the President announced a new policy for adjudicating the unlawful presence waivers.
Answered on Mar 16th, 2012 at 8:47 PM
Assault Attorney serving Richardson, TX
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Unless there are other factors such as a prior petition filed before mid 2001 he will have to process outside the country. He will need a waiver to return unless he waits 3 or10 years depending on how long he has overstayed
Answered on Mar 14th, 2012 at 3:38 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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That will depend upon many factors, like how he entered, immigration and criminal record and other factors, whether you can demonstrate extreme hardship. Please set a consult with a competent immigration attorney in your area to have his case evaluated, also looking for 245i and U visa possibilities.
Answered on Mar 13th, 2012 at 2:23 PM
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 his home country to consular process but as soon as he leaves the US, he triggers an automatic 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.
Answered on Mar 13th, 2012 at 2:22 PM
Immigration Law Attorney serving Hialeah, FL
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Hernandez & Suarez, PL
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It all depends on the manner that he entered the US. If he entered with a visa and overstayed, then you can petition for him and he will receive his residency. If he entered the US illegally, you can still petition for him but he will have to leave the country in order to be approved and received residency. This is a risky process and there is no warranty that he will be allowed to return to the US.
Answered on Mar 13th, 2012 at 2:08 PM