Asked on Jun 30th, 2013 on Immigration - North Carolina
More details to this question:
he has been in the us for 12 years...we have been together for 8 years and married 5 years...we have one child together but he supports my other 4 kids as well....
If your husband sneaked into the U. S., but does not have any immigration proceedings against him or any bars other than time spent in the U. S. illegally, he could quite possibly qualify for the Obama administration’s I-601A program if you are a U. S. citizen. Under the I-601A, you would petition for him as an immediate relative and once approved, he would be allowed to submit an I-601A application for waiver of being here illegally based upon extreme hardship to you. He would also be allowed to see the result while he is here in the States. Once that is approved, he would complete the process by leaving the U. S. to attend an immigrant visa interview at the American consulate or embassy in his home country. If you are not a U. S. citizen or he does not choose that option, he could possibly wait for the result of the bill for comprehensive immigration reform, which is presently the focus of the House of Representatives after having been passed by the Senate. If such is enacted into law with a path to citizenship, he would be allowed to soon obtain registered provisional immigrant status with the right to travel and work. Under the Senate version of the bill, he would be eligible to receive a green card in 10 years. Another alternative would be for him to undergo removal proceedings if he has not already been under such and request relief through cancellation of removal by the immigration court. He would have to prove 10 years residence in the States, good moral character, and that his departure would cause you or your child exceptional and extremely unusual hardship. 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
You have not provided enough information for me to properly answer your question. For example, how did your husband arrive? Has he ever been convicted of a crime?
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