QUESTION

What is the process for getting papers for my husband?

Asked on Jan 08th, 2014 on Immigration - North Carolina
More details to this question:
I am 18 and I have a baby with my husband. He has been here in the United States for 10 years illegally. He supports me and the baby since I don't work. I want to know the process of getting him papers and the safe and right way to do so.
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3 ANSWERS

Under the current immigration laws, he is not eligible to legalize his status within the US if he entered the US unlawfully. He would have to go back to his home country but as soon as he leaves the US, he will trigger an automatic 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.
Answered on Jan 23rd, 2014 at 9:07 PM

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It depends on the particulars of his situation. But at a minimum, you will need to submit an I-130 relative petition on his behalf with USCIS to get the process started.
Answered on Jan 09th, 2014 at 11:46 PM

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Immigration Attorney serving Raleigh, NC at Vasquez Law Firm, PLLC
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There is a lot of information that is required in order to give you an accurate answer. I could assume that since you are 18 that your husband is close to your age and he may qualify for DACA. You could also qualify for a provisional waiver depending if you are a U.S. citizen, but in order to advise you would need to provide more information. Get in contact with an experienced immigration attorney and they will be able to tell you how to proceed.
Answered on Jan 09th, 2014 at 11:33 PM

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