QUESTION
Is it possible to sponsor my husband who entered the US illegally?
Asked on Nov 05th, 2011 on Immigration - Texas
More details to this question:
Im 18 years old and I would like to sponsor my husband. Would this be possible even if he entered the US illegally?
8 ANSWERS
You can petition for him but he will not be eligible to adjust status within the US if he entered the US unlawfully. He will need to go back to his home country to consular process but as soon as he leaves the US he will automatically trigger a 10 year bar to reentry unless he can prove extreme hardship to a US citizen spouse. This is fairly difficult to do in most cases. Unless he is not yet 18 or not more than 180 days after his 18th birthday, he can still leave the US and not be barred.
Answered on Nov 30th, 2011 at 4:47 PM
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
Update Your Profile
Most likely no. Without knowing anything about him, he will have to leave the U.S. to do consular processing. If has been living in the U.S. over 6 months beyond his 18th birthday, he will have to file for a waiver proving that you will suffer extreme hardship.
Answered on Nov 14th, 2011 at 1:00 PM
Business Law Attorney serving Ketchum, ID
at
Adam B. King, Attorney at Law, PC
Update Your Profile
Yes, however he will have to ultimately seek an I-601 waiver.
Answered on Nov 07th, 2011 at 10:27 PM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
Update Your Profile
It depends on the exact facts of his entry and if anyone filed anything for him prior to April 30, 2001 and if he has any other immigration or criminal violations.
Answered on Nov 07th, 2011 at 10:27 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Maybe - I would need to review the complete immigration and criminal history for him, whether any family members have ever filed petitions for him, are his parents or grandparents U.S. citizens or permanent residents, the details of how he entered the U.S. (I know it was without papers but we need to determine if he was in fact "inspected, "etc. This will tell me whether he is eligible to file in the U.S. or must go overseas. If he is under 18 years and 6 months he needs to seek legal advice immediately as he may be able to avoid the need for a waiver even if he must go overseas.
Answered on Nov 07th, 2011 at 8:32 PM
Real Estate Attorney serving Frisco, CO
at
The Law Office of Eric A. Fisher, LLC
Update Your Profile
You can file a visa petition and sponsor your husband, but whether or not he can apply for an immigrant visa depends on his status and background.
Answered on Nov 07th, 2011 at 8:03 PM
Yes, it is possible, but it is likely that he will have to consular process. In addition, he will need to file a waiver.
Answered on Nov 07th, 2011 at 7:11 PM
Assault Attorney serving Richardson, TX
2 Awards
This is a large problem. You can sponsor him but he will not be able to adjust in the country and will in all likelihood have to do consular processing.
Answered on Nov 07th, 2011 at 5:02 PM