QUESTION

I'm a green card holder, my husband is here in the USA and he is out of the status, can I petition him?

Asked on Jul 15th, 2013 on Immigration - Texas
More details to this question:
I'm an immigrant, can I petition my husband with out of status? May I know sir because there is opportunity next for f-2b become current next month?
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5 ANSWERS

Adebola O. Asekun
Although, you can file a petition for your husband and the fact that he is out of status is no bar to doing so. The current visa bulletin shows as you pointed out a visa may be immediately available. Unfortunately however, if he out of status, he may be ineligible to adjust status. Because you are a legal resident alien LPR , For aliens like your spouse who are not in lawful status are statutorily ineligible to adjust status aso shows who you stated is in the US even though, he may be out of status, and doing so might even be
Answered on Jul 18th, 2013 at 3:09 AM

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If he is already out of status, he is not eligible to adjust status within the US unless you are a US citizen.
Answered on Jul 16th, 2013 at 9:01 PM

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Your husband must have lawful status to apply for a green card if you are a permanent resident. He can only apply while out of status if you become a US citizen.
Answered on Jul 16th, 2013 at 11:58 AM

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You can petition for your husband even though he is currently out of status. The petition is filed on form I-130. However, he won't be eligible to apply for adjustment of status (permanent residency) until you have become a naturalized citizen.
Answered on Jul 16th, 2013 at 11:58 AM

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Bruce A. Coane
Yes, you can file I-130. Also, if he entered with inspection and is otherwise eligible, generally, he can also file for adjustment of status.
Answered on Jul 16th, 2013 at 11:53 AM

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