QUESTION
What can I do to get a green card for my husband if he was only 9 months old when he was brought here illegally?
Asked on Feb 25th, 2014 on Immigration - Michigan
More details to this question:
I’m 18 and a U.S. citizen I just got married to my husband he’s 19 yrs old. He has been here since he was 9 months old. He was born in Murleje. He has a clean background and finished high school. He is currently unemployed but looking for a job.
4 ANSWERS
He cannot do anything to legalize his status in the US if he is now over the age of 19 and was brought to the US unlawfully. He may be eligible for employment authorization under DACA.
Answered on Feb 28th, 2014 at 7:22 PM
Bruce A. Coane
Usually, the starting point is to do the I-130 process. After that, it starts to get very complicated.
Answered on Feb 28th, 2014 at 6:50 PM
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Sheppard Mullin
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Unless he is 245i protected, he cannot adjust status in the US. I suggest you file I-130 and I-601A waiver. If the waiver is approved, he can return to his home country to receive immigrant visa if I-130 is also approved. Alternatively, he can file DACA to receive employment authorization and to keep his status in the US. If the relevant immigration law changes, he may be able to adjust status in the US without leaving the US. Your case is not a simple one so please consult immigration lawyer for help.
Answered on Feb 28th, 2014 at 6:46 PM
Have your husband apply for deferred action first. You can file I-130 for him but he cannot adjust status. Hopefully immigration reform in the future will allow him to adjust here. See an immigration attorney if you can.
Answered on Feb 28th, 2014 at 6:45 PM