Can I apply for citizenship or a green card for someone already in the US? 5 Answers as of March 03, 2011

I am a US citizen and recently married an illegal alien from another country. How can I apply for citizenship or green card for him he is already within the United States?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I would certainly say that you can apply for legal residency, by petitioning for him as an "immediate alien relative." I would have to ask if he came legally and then overstayed his visa, or if he came illegally. Even then, I would need to know how long he has lived in the USA, and what kind of dependency you have on him. These go to questions of whether we can waive his status of "inadmissiblity." If you would like the help of an attorney, I would be delighted to schedule an appointment, once there is an e-mail or phone call from you. I hope to hear from you.
Answer Applies to: California
Replied: 3/3/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If you are married to someone with no legal status, you need to have a consultation with a competent immigration attorney to discuss if your spouse is eligible. If he entered illegally, then he is not eligible to obtain a green card in the US unless he fits into a law called 245i. That is where an employer or family member filed specific paperwork for him or sometimes a family member, before April 30, 2001. Otherwise he needs to leave the US and apply for a green card through the three step consular processing stage. If he has been in the US more than 180 days with no authorization, he will then be subject to a three or ten year reentry bar. You then must file an extreme hardship waiver to try to get that waived early. This is an intense process so I really recommend you make an appointment. Additionally you want to see if he has other eligibility such as asylum or a U visa!
Answer Applies to: California
Replied: 2/28/2011
Law Office of Donna Nanan, PL
Law Office of Donna Nanan, PL | Donna Nanan
First hire an immigration attorney and then sponsor your husband. My contact info is available on LawQA.
Answer Applies to: Florida
Replied: 2/28/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You can file for immigration and adjustment of status together. If you need help, please contact us.
Answer Applies to: Florida
Replied: 2/28/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
It depends on how he entered the U.S. Once I know this information, then I can advise you properly. Contact our office for a free consultation.
Answer Applies to: Florida
Replied: 2/28/2011
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