Can I file for my out of status husband if I only have a green card? 6 Answers as of January 24, 2011

I only have a green card. Can I file for my husband if he is out of status? Or will he have to go home to get a visa?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If your husband is out of status, I would suggest consulting with an attorney to work out the timing to file and whether he will be eligible to file in the U.S. or must return home and apply for a waiver. Part of the strategy on what to do will depend on how close you are to U.S. citizenship, his eligibility, any criminal record for him, any prior deportation, any prior border stops, and many other factors.

We would be happy to consult with you to help work out the best strategy. We do charge for consultations but the consultation fee would then be a credit toward the fees for your case if we are retained thereafter. Contact me as indicated below to arrange a consultation and get further information on procedures and fees.
Answer Applies to: California
Replied: 1/24/2011
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
If you are a green card holder and you file for your husband, he will have to return to his home country to process his green card. If you become a US citizen and he entered the US with a visa, then he does not have to return to his country to process his visa.
Answer Applies to: California
Replied: 1/17/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
It depends how he entered the US. You should apply for naturalization if you qualify.
Answer Applies to: Florida
Replied: 1/17/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Without knowing more about your husband's entry, the answer is that a greencard holder's spouse normally would need to leave the U.S. to get the immigrant visa. If your husband entered the U.S. legally, the best thing to do would be to apply for citizenship and then he could apply here in the U.S.
Answer Applies to: Virginia
Replied: 1/17/2011
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
Your husband will only be considered an "immediate relative" once you have become a US citizen. And only when you are a US citizen is his unlawful presence in the US "foregiven" when he applies for his green card. Right now, he would not only have to wait for a couple of years before his visa category FB 2A is current, but he could also not adjust his status in the US, but rather he would have to leave the US in order to apply for an immigrant visa and then he would be subject to the 3 or 10 year bar.

Therefore, you should consider becoming a US citizen if you are eligible. Please consult with an immigration lawyer.
Answer Applies to: Florida
Replied: 1/17/2011
Click to View More Answers: