QUESTION

Immigration I am an American Citizen

Asked on Apr 22nd, 2014 on Immigration - Illinois
More details to this question:
My husband of this year, has been here since he was 14. He entered illegally, and is now 38. His brother applied thru INS about 5 years ago, we received an approved letter. I understand this application will take at least 15 years. Can I apply sponsor for his status to be legal here? He has no criminal record, and been employed here since entry date. Has filed his taxes with and ITIN number. Thank you :)
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
You can petition for your husband as the law does not preclude an individual being sponsored by multiple parties. As you are a U. S. citizen, it would be a much faster case. He would be able to adjust his status in the U. S. if he had the benefit of §245(i), under which most undocumented immigrants are able to adjust status upon the payment of a $1000 fine if they had a visa petition or labor certification application filed by April 30, 2001, and were physically present in the U. S. on April 21, 2000. If he does not have such benefit, you and he may still be able to take advantage of the Administration’s I-601A program under which he could apply for a waiver of the 10 year bar for being in the country illegally during the time that he is here in the U. S. He could wait for the result while here, and if approved go overseas for an interview based upon an approved I-130 petition by you. The interview in that case would be in most likelihood as normal as any other immigrant visa interview. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 17th, 2014 at 5:05 PM

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