QUESTION

Im a citizen and im trying to get my husband legal. But he tried to pass like 7 years ago 4 times to USA in el paso tx, but they catch him the four

Asked on Dec 19th, 2011 on Immigration - New Mexico
More details to this question:
times. and now we got married on 2008 in here , we have 2 kids and we wold like to know how long its going to take him to be legal and how much will cost us? how many years his going to get the visa?
Report Abuse

1 ANSWER

There are many criteria an individual must meet in order to pursue permanent residency from within the U.S.  Some of the fundamental requirements include last entering the country through proper inspection, being in lawful status in the U.S. and never working without permission in the U.S. While most individuals may not adjust status if any of these criteria are not met, the last two are not impediments to an immediate relative wishing to adjust status within the U.S. INA 245(c) bar to adjustment because the person lacks current lawful status or the person worked without authorization does not apply to immediate relatives (spouse of U.S. citizen). Even an immediate relative (spouse of U.S. citizen), however, is ineligible to adjust status within the U.S. if s/he last entered without inspection. In those cases, the immediate relative must return to the consulate abroad and apply for an I-601 hardship waiver. These matters are commonly seen with Mexican nationals who entered the U.S. without inspection and married a U.S. citizen. these individuals are ineligible to adjust status from within the U.S. and must process for an immigrant visa and I-601 hardship waiver at the U.S. Consulate in Ciudad Juarez. Examples: (1) A foreign national enters the U.S. under valid H-1B status. He works for one year under H-1B status and then leaves his employer. He begins work at a new employer but doe snot file new H-1B or any other work authorization paperwork. Two years later he marries a U.S. citizen and wishes to apply for a green card based on that relationship. Is the individual eligible to apply for I-485 adjustment of status? Yes-Even though the foreign national no longer possesses lawful status and has worked without permission, he is still eligible to adjust status because he is applying as an immediate relative. (2) A foreign national enters the U.S. without inspection by hiding in the back of someone's truck. The individual stays in the country for two years and marries a U.S. citizen. The individual does not wish to leave the U.S. and wants to apply for a green card through I-485 adjustment of status. Is he eligible? No-There is no exception to the bar to adjustment of status for someone who entered the U.S. without inspection. if the individual wishes to apply for a green card, he must return to his consulate abroad and apply for an immigrant visa and I-601 hardship waiver. Your husband's case is very complex.  You should consult with an experienced immigration attorney who can advise on any green card options for him. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  
Answered on Dec 29th, 2011 at 1:26 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters