QUESTION
When can i start filing my husband his papers to become a resident?
Asked on May 23rd, 2016 on Immigration - Oklahoma
More details to this question:
Last week, i got married to my husband. He is an illegal immigrant who came here to the US 2years ago. His VISA got expired 6 months prior his entrance. We now have a baby who is now at this time, 6 months of age. I would like to know when can i start filing his papers? Will he have ti leave back to mexico to have his interview? We are living in Oklahoma City,OK
1 ANSWER
You can start the process at any time after marriage. If your husband entered without inspection (such as crossing the border illegally), he will not be able to adjust his status to lawful permanent resident in the United States. He will need to obtain an immigrant visa in Mexico. He may qualify for the provisional waiver program. This will allow him to obtain an unlawful presence waiver prior to departing the United States. This waiver is designed to minimize the length of separation. You can read more about family immigration at http://myattorneyusa.com/family-immigration.
Answered on May 23rd, 2016 at 3:22 AM