QUESTION
How does my husband get the proper immigration paperwork?
Asked on Feb 11th, 2011 on Immigration - California
More details to this question:
My husband and I just got married. He has been in the US illegally for 10 years. What do we need to do to get him the proper paperwork to be here so he can work and also so he can return to Mexico to see his family?
4 ANSWERS
You should first find out whether your husband entered the United States with a visa. If he did, then you can get him a green card within 6 months. If he did not, then you should ask him if anyone ever submitted immigration papers for him or his parents (like an aunt or uncle). If he did not enter with a visa but had an old petition filed for him or his parents before April 30, 2001, then he can also get a green card in 6 months. If he did not enter the US with a visa and he did not have an old petition, he must wait for the law to change. He can still process his green card, but it will have to be through Mexico with an I-601 waiver, and if the waiver is not approved he can be stuck in Mexico for 10 years. Given this risk, it's more advisable that he waits in the US for the law to change.
Answered on Feb 14th, 2011 at 10:28 AM
William C. Gosnell
if you are a citizen file I-130 stayed married for two years and he can get a visa.
Answered on Feb 11th, 2011 at 5:58 PM
We need to know how he entered the United States to be able to tell you the best course of action to follow!
Answered on Feb 11th, 2011 at 4:28 PM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
If you are a U.S. Citizen you have to file an I-130 petition. If you husband entered the country legally 10 years and has proof, or is protected under Section 245(i) due a pre-April 30, 2001 petition or labor certification application, he can also apply for adjustment of status in the U.S.. If he is not eligible to file for adjustment of status, he must apply for an immigrant visa at the U.S. Consulate in Ciudad Juarez once the petition is approved. However, since he has been illegally in the U.S. for 10 years, once he leaves the US for his interview he will be barred from returning for 10 years unless a waiver is granted. A waiver is not easily granted and you should consult with an immigration attorney before filing any documents for your husband.
Answered on Feb 11th, 2011 at 3:43 PM