More details to this question:
My husband was brought to the U.S. without inspection when he was 3 years old and has been living here eever since. We have been married a little over 2 months, and I was wondering how we start the path to getting him permanent residency. Thank you for your time.
8 ANSWERS
General Practice Attorney serving Austintown, OH
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Law Offices of Grace Chan
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Was your husband ever in removal proceeding?
Answered on Jun 19th, 2013 at 1:05 AM
Step one is to consult with an immigration lawyer in person if at all possible. Will need to explore adjustment of status vs. consular processing.
Answered on Oct 05th, 2011 at 12:06 PM
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I hope your husband is eligible for 245(i), which means someone has filed a Petition on his parents' behalf when he was under 21 and the petition was filed prior to April 30, 2001. If this did not happen, another way may be cancellation of removal in front of an immigration judge if ICE accepts your husband's surrendering to them and issue Notice to Appear to him.
Answered on Oct 04th, 2011 at 10:25 PM
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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It is possible that he may be eligible for waivers. However, a careful analysis of all relevant facts must be made before making a final conclusion.
Answered on Oct 04th, 2011 at 10:25 PM
More information is needed. You may not want to start so fast. If he has to go to his home country, he can be barred from lawful immigration for 10 years, perhaps permanently.
Answered on Oct 04th, 2011 at 12:41 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Aliens who are not inspected and admitted to the US cannot adjust status to permanent resident unless they are 245i protected(present in the US on December 2000 and is a beneficiary of visa petition or labor certification filed on or before 4/30/2001). The only other ways to get status are asylum and cancellation of removal. Please consult with an immigration lawyer to determine if your husband is eligible.
Answered on Oct 04th, 2011 at 12:40 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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You need to see if he is grandfathered for section 245(i). If not, then he needs to file at his home consulate for the immigrant visa with a waiver for the 10 year bar.
Answered on Oct 04th, 2011 at 12:40 PM
Your husband needs first a qualifying relative who sponsors him . This could be you if you are a U.S. Citizen. However, he can generally not get permanent residence without leaving the United States. Now there are a few situations that an individual who entered illegally may adjust his status to that of a lawful permanent resident, i.e. become legal. However, these require him to have been previously sponsored by a family member or by a business on or before April 30, 2001, the law is plainly termed 245(i) eligible. Otherwise your husband must apply for an immigrant visa returning to his country and applying at a U..S. Consulate but he would require hardship waivers due to his illegal entry and length of time in the U.S. Those are not easy to obtain. As the laws stand now you options are limited if any, it would be best to consult with a qualified immigration attorney and see if consular processing is right for you.
Answered on Oct 04th, 2011 at 12:40 PM