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"Hi. I am a US citizen and i got married about a year ago. We just had a baby 3months ago.. My husband is illegal he came to the US when he was about 7 yrs old with his family. He is 20 now. Would it be easy to make him a legal resident?"
8 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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I need to know if his parents applied for anything and if so, what and when. Also, how did your husband enter the U.S.?
Answered on Jul 02nd, 2013 at 12:00 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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If he has a clean record but has been living in the U.S. unlawfully and not eligible for adjustment, it all depends on the waiver.
Answered on May 17th, 2012 at 3:28 PM
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People who enter illegally must leave the U.S. to apply for an immigrant visa. Only people who are entered illegally AND are grandfathered under 245(i) can apply for adjustment of status (permanent residence in the U.S.) Your husband may be subject to the ten year bar and may need to apply for a waiver of that ten year bar if he leaves the U.S. That process is long and complex. You should consult with an attorney to understand your options.
Answered on May 16th, 2012 at 12:52 PM
More information is needed in order to address eligibility issues and to assess the difficulty of helping your husband become a Lawful Permanent Resident (get a "Green Card") by virtue of being married to you, a U.S. Citizen. Generally, if someone enters the U.S. lawfully and with inspection, but then overstays a visa, even for a long time, he may adjust status in the U.S. after entering a bona fide marriage with a U.S. citizen - neither the long period of unlawful presence or even work without authorization would create significant complications. Alternatively, if he entered the U.S. unlawfully and without inspection, then it becomes necessary to have a further analysis of immigration eligibilities, options and strategies.
Answered on May 16th, 2012 at 12:48 PM
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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You can file an immediate family petition for your husband, I-130. Your husband must leave the country, consular process, to receive his green card upon re-entry. He also must file for a waiver because of the unlawful presence. There is a provisional waiver law, that is currently pending, that will allow individuals in your situation to file for the waiver while the husband is in the U.S. so the family will not be apart for a long time. The immigration legal community is expecting this law to become in force sometimes within the next few months. Your husband will still have to leave the country but he will not stay long outside of the U.S.
Answered on May 16th, 2012 at 12:31 PM
Commercial Attorney serving Portsmouth, NH
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Mesinschi Law Offices, PLLC
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Yes it is possible presuming he is not otherwise inadmissible (criminally or medically). As a US citizen you could sponsor his immigration. I would highly recommend retaining the services of an immigration lawyer to help with this application, however, as they can be complex to properly document.
Answered on May 16th, 2012 at 12:23 PM
It is going to be very difficult. Under the current immigration laws, he is not eligible to legalize his status in the US if he entered the US unlawfully. You would have to petition for him and he would have to go back to his home country to consular process for his immigrant visa. However, because of his unlawfully entry and unlawful stay in the US, as soon as he departs the US, he triggers an automatic 10 year bar to reentry to the US, which can only be waived by a showing of extreme hardship to a US citizen spouse. This is very difficult to do in most cases.
Answered on May 16th, 2012 at 12:15 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If your husband entered the US legally, he can apply for adjustment of status (residency) on Form I-485. If he didn't enter legally, you will need to file a separate I-130 petition on his behalf and he will be required to return to his home country for the visa interview at the US consulate. He will also need to file an I-601 waiver at the time of his interview if he has been unlawfully present in the US in excess of 6 months.
Answered on May 16th, 2012 at 12:15 PM