QUESTION

How can I get my 23 year old husband his paper if he came here as a baby?

Asked on Apr 05th, 2013 on Immigration - Texas
More details to this question:
My husband came with his parents when he was 2 years old, and they never renewed visa after staying. Which he could not control since his parents never let him know anything. He has no criminal background, and we've been together 4 years and married 2. I wonder if his case will be simple.
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11 ANSWERS

As long as your husband entered the US lawfully, even if it was so many years ago, AND he has proof of that lawful entry, he can adjust status to permanent residence on the basis of marriage to a US citizen. If, however, he was brought to the US illegally, under the current immigration laws, he is not eligible to legalize his status within the US.
Answered on Apr 10th, 2013 at 1:21 AM

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If your husband entered the US legally, you can petition for him and he can apply for adjustment of status simultaneously to receive his green card, even if he overstayed his visa.
Answered on Apr 08th, 2013 at 8:58 PM

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Adebola O. Asekun
If he has proof of legal entry with a visa, then, you can file a Form I-130 petition for him with CIS along with his Form I-485 green card application. He would not have to go overseas for his green card interview and can adjust his status in United States. But usually if he came to the US at such young age, any information concerning the manner of his entry into the US will be from his parents
Answered on Apr 07th, 2013 at 9:30 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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I am assuming that you are a U.S. citizen. You can file a petition for your husband. The whole process usually takes approximately 6 months to 1 year. If your husband has proof of admission, he can adjudicate his petition here. If not, he may have to go back to his country for consular processing.
Answered on Apr 07th, 2013 at 8:23 PM

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Few cases are ever simple in the immigration practice, but your husband's just might be one of them. If he came to the U.S. with a visa and never left, has no criminal history, and never was ordered deported by the Immigration Court, and if you are a U.S. citizen, then you can file an immigrant petition for your husband together with his applications for adjustment of status, employment authorization card, and a travel document. You would also have to show that you have enough income to support your husband (so that he "would not become a public burden" receiving welfare, foodstamps, etc.); if your family consists of only you and your husband, you need to show $19387; add about $5000 for each dependant you have in your family. If you don't have enough income, you will need to find someone (a relative or a friend) who would agree to become a co-sponsor for your husband. The co-sponsor must be a U.S. citizen or permanent resident, and has to have enough income to satidfy the norms for his own family plus one (for example, if the co-sponsor has a dependent wife and child, he would have to show income over the minimum for a family of four (himself, his wife, his child, plus the alien he agrees to sponsor) - $29437. If all the paperwork will be done right, USCIS will call your husband for fingerprints and then call you both for an intervview to determine whether your marriage is real. Basically, if USCIS will decide that your marriage is real, your husband will receive a green card.
Answered on Apr 05th, 2013 at 6:27 PM

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Immigration Attorney serving Van Nuys, CA at Law Offices of Hussain & Gutierrez
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If he came here with a visa, He is eligible to apply for green card.
Answered on Apr 05th, 2013 at 5:55 PM

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If you are a US citizen, you can file a visa petition for your husband now. If he entered the US with a visa, he can apply to adjust his status at the same time. If he is under 31, he can apply for deferred action if he entered the US without inspection.
Answered on Apr 05th, 2013 at 4:58 PM

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If you are a US citizen and you have proof that your husband was inspected when he came to the US, you can file the I-130 and I-485 together. Better to consult with an attorney to go over all the facts and options.
Answered on Apr 05th, 2013 at 4:58 PM

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Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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Please schedule an initial consult with a competent immigration attorney in your area. This is not simple and you really want to ensure that his case is fully reviewed. If you are married AND he entered the US legally, then he is able to file for a green card through you in the US as long as all other conditions are met. If he did not enter legally, then he can apply for DACA perhaps, if he has a GED or high school diploma. Please, please see a good immigration attorney in your area next week as he is probably eligible to file- tell him to ask his parents for proof of his entry- passport stamps for example? Otherwise there may be a way to request from Immigration. Good luck!
Answered on Apr 05th, 2013 at 4:49 PM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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This case will be simple Just file I-130 and I-485 with the USCIS and wait for the interview.
Answered on Apr 05th, 2013 at 4:49 PM

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Bruce A. Coane
If you are a USA citizen and he entered on a visa, then you should be able to sponsor him here in the USA.
Answered on Apr 05th, 2013 at 4:48 PM

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