QUESTION
How can I help my husband become legal in the US?
Asked on Apr 13th, 2011 on Immigration - California
More details to this question:
Hi, I am a US citizen and my spouse of 3yrs is illegal in this country. His parents brought him here illegally as a child from Mexico. We have a 2yr old daughter. I am a disabled veteran of the US Military. The laws are getting very strict on illegal immigrants. What is the best possible way that I can help my husband become legal in this country?
1 ANSWER
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You are able to sponsor him for a green card. If he is eligible under the 245i law, he can file in the United States and pay a $1000 penalty fee. Otherwise he needs to apply through his US consulate in his home country. His exit from the US will trigger a ten year bar to reentering the US. You will then file an extreme hardship waiver to ask the US government to allow his entry by waiving the ban. If they approve this, he will then be allowed to enter the US and to obtain the green card. This mainly rests on showing extreme hardship you will face if he is not allowed in. Given that you served in the US military, were disabled through that and have a minor child, these are strong equities. Please seek a consult from a competent immigration attorney to fully evaluate your chances!
Answered on Apr 15th, 2011 at 10:31 AM