Can I file an I-130 for my husband while he is in the US and was brought over illegally at the age of 10? 3 Answers as of June 23, 2011I'm pregnant with our first child, we've been married for 1 year and I'm active duty army currently stationed in Germany and will be here for the next 2 years. I want my husband to be able to join us. I'm trying to get my husband some sort of legalization for him to be able to leave and return to the US legally. Ive called to a few places but they tell me he has to leave the country but I feel he'll never get to come back. I noticed an answer to a question stated if you can prove some kind of hardship then he won't have to leave. I would like to know if I qualify for that hardship or if there's any other option than him having to leave the country available to become legalized? He's been in the country for 19 years. He wants to be able to bring income or help me with the baby.
Baughman & Wang | Justin X. Wang
In order to receive green card(adjust status) in the US, the alien must generally enter the US legally(even he or she later overstayed). The exceptions to this rule are the 245i law(enter the US before 12/20/2000 and an immigrant visa petition or labor certification was filed for him or her on or before 4/30/2001), cancellation of removal and asylees. If your husband does not qualify for2451or asylee, he should apply for cancellation of removal, which require the proof of extreme and unusual hardship to you if he is removed. This application is very complicated and I suggest your husband consult an immigration lawyer since he is in the US.
Answer Applies to: California
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
He still has to leave for the hardship waiver. You may want to look into something called parole in place, it is available only to active duty military veterans. Speak to and retain an immigration attorney. For a free consultation you may contact my office.
Answer Applies to: New York