QUESTION
What can I do to get my husband a visa?
Asked on Mar 23rd, 2015 on Immigration - New Jersey
More details to this question:
My husband and I have been together since 2007 and we just got married on April 2013. I want to fix his papers but everywhere I go, they tell me I can't since he entered illegally. What can I do?
5 ANSWERS
You can file for him and he will apply for a waiver. Maybe he will not need one if can get DACA or DAPA or qualifies for an exception.
Answered on Mar 24th, 2015 at 8:01 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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You should consult with immigration lawyer to determine the best option for him. He may need to return to his country for immigrant visa processing. He can apply for waiver before he leaves. Its complicated and you really should talk to an immigration lawyer.
Answered on Mar 24th, 2015 at 8:00 PM
Bruce A. Coane
I-130, provisional waiver and consular processing seems to be in order. Of course, I'd have to know all the facts, but from your brief description, that's the process.
Answered on Mar 24th, 2015 at 8:00 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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I am assuming that you are a U.S. Citizen. First you must file forms I-130 and I-485. This starts the process. Other documents will also be needed such as an Affidavit of Support and documents showing that you are in a bona-fide marriage and not one for immigration benefits only (Sham Marriage). Since your husband entered the U.S. illegally, he most likely will have to go through consular processing in his home country and may also need a waiver for his unlawful presence. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is properly presented so as not to delay the process. Good Luck.
Answered on Mar 24th, 2015 at 7:59 PM
3 Awards
If you're has been entered illegally then you will need to see whether or not he qualifies for 245(i). If he does not qualify then the next thing to look at is whether or not you need to obtain a waiver. Perhaps, under the circumstances, he may qualify for a provisional waiver. The most important thing for you to do is to enlist a qualified immigration a professional to assist you with regard to your case.
Answered on Mar 24th, 2015 at 7:58 PM