QUESTION
How can we start filing for my husbands citizenshp?
Asked on Jul 21st, 2011 on Immigration - California
More details to this question:
My husband has been in the US for almost 10 years. He is only 25 years old. We met 8 years ago and were married 3 years ago. We have a 6 year old daughter and one on the way. He has no record of criminal activities and has never been arrested. We really want to get this process going. I'm not sure what our chances are or what forms we need to fill out to start. We filed a Freedon of Information Act. They replied that nothing was found about/for him. What should we do now? Please help!
7 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
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Not enough information. How did he enter the US and what if anything was filed for him?
Answered on Jul 04th, 2013 at 12:21 AM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
If he has proof of entry you can apply. Unfortunately if you are not able to prove his entry, he will not get residence here. If he leaves he will be required to get a waiver. He is among the 11,000,000 aliens here who have no way to regularize because the laws are so unresponsive. Make your vote heard and contact your representative for human reform.
Answered on Jul 26th, 2011 at 3:33 PM
First step is to assess if he can adjust status inside the U.S., or whether he needs to go through consular processing.
Answered on Jul 25th, 2011 at 9:26 AM
If you are a US citizen, then you can file petition to sponsor your husband permanent residency. Depending on how he entered the US, the process is different. Please consult with an immigration attorney before you take any actions.
Answered on Jul 22nd, 2011 at 2:46 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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The first thing you do is have a full consult with a competent immigration attorney to determine if your husband is allowed to file in the US or only out of it. The latter will trigger a ten year bar and you will have to file an extreme hardship waiver to try to overcome that. I am happy to do a consult with you, which takes about one hour and is $150. Otherwise please make an appointment with another immigration attorney!
Answered on Jul 22nd, 2011 at 2:30 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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It depends, if he entered with a visa, he may qualify to apply for adjustment of status in the US. If he crossed the border without inspection and never left, after you file your petition for him, he will have to be interviewed by a consular officer in her home country and apply for a waiver. This process is very complicated and you must hire a competent immigration attorney. Don't do it yourself and don't let non-attorneys fool you. There are a lot of so called "notarios" that take advantage of uninformed immigrants and take your money and do nothing or mess up your immigration matter.
Answered on Jul 22nd, 2011 at 1:48 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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It is unclear if you are US citizen. If you are and if he entered the US legally, you can file I-130 and he can file I-485 to adjust status. If he entered the US illegally, unless he is protected by 245i, he cannot adjust status.He may be eligible for cancellation(needs 10 years residence in the US and other very difficult requirements). Please consult with immigration lawyer for his options.
Answered on Jul 22nd, 2011 at 11:15 AM