QUESTION

citizenship for my husband

Asked on Jan 28th, 2016 on Immigration - Arkansas
More details to this question:
Me and my husband have been married 3 years and have a child. I am trying to help him become legal but I am confused. I dont even know where to begin. Please help us.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
I will assume by the words in your summary that you are a US citizen. If so and your husband entered the country legally and has no bars to immigration such as crimes or fraud, you and he could file papers to U.S.C.I.S. to adjust his status to permanent residence. The basic forms are form I-130 petition for alien relative which would be signed by you, and form I-485 application to adjust status to permanent residence which would be signed by your husband. A complete list of the required forms and documents and where to send them to is on the U.S.C.I.S. website at uscis.gov. If your husband entered the US illegally and does not have the benefit of section 245(i) which allows most undocumented immigrants to adjust status upon the payment of a fine amount of $1000 if they had a labor certification or immigrant visa petition filed by April 30, 2001 and were physically present in the US on December 21, 2000, you could explore the Administration's I-601A program under which you would file the I-130 petition, and upon its approval, your husband would file for an I-601A waiver of his illegal time in the US. The standard for the I-601A waiver is whether a denial would cause extreme hardship to you. If the waiver is granted, your husband could then arrange for an immigrant visa interview in his home country, which would in all likelihood be normal. When approved for the immigrant visa, he would normally be back in the US within 1-2 months. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Feb 27th, 2016 at 11:22 AM

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