QUESTION
How can my husband get papers to live in the US legally?
Asked on Jan 21st, 2013 on Immigration - Colorado
More details to this question:
My husband and I have been legally married since 2010, we also just recently had a child. I’m wondering if it’s possible for him to get papers to be here legally and how? He has never been deported, he has been in the US for 6 years.
5 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Yes, it should be possible to legalize your husband's immigration status. There are, at least, two different approaches to the task; and to decide which one should be used, your attorney has to find out how did your husband enter the U.S., with a visa or illegally, and to weigh your family circumstances (your and your child's health, your earning capacity, your extended family support in the U.S., etc.) In any event, this is not a do-it-yourself task.
Answered on Jan 22nd, 2013 at 9:21 PM
All depends on whether you are a US citizen. If so, he can apply for a green card through you but he may need a waiver depending on how he entered the US. You see that there a many open questions. You should consult with an immigration attorney for an assessment of his situation.
Answered on Jan 22nd, 2013 at 12:07 PM
Immigration Law Attorney serving New York, NY
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Oltarsh & Associates, P.C.
Your husband will be eligible to benefit from the new policy designed to assist foreign nationals who entered the US illegally but are married to US citizens. Because your husband entered the US without inspection he will have to return to his home country to obtain residence. His departure from the US will trigger a ten year bar from returning, and he needs to waive that ground of inadmissibility. The new policy is designed to allow that trip abroad to be fast and with much less uncertainty because the waiver will be obtained in the US. With an approved waiver, the Administration believes that all the paperwork will be complete and the trip overseas will be fast. Waivers are based on individualized facts and I suggest hiring competent counsel.
Answered on Jan 22nd, 2013 at 12:07 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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It may be depending upon how he entered the country. Assuming he entered illegally, there is a waiver he may qualify for. Speak with and retain an immigration attorney.
Answered on Jan 22nd, 2013 at 12:06 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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If you are a US citizen, you can file an I-130 petition for him. If he entered the US with a visa, he can apply for adjustment of status at the same time. If not, you should consult an immigration attorney for other options.
Answered on Jan 22nd, 2013 at 12:05 PM