Can I file the paperwork for my husbands overstayed visa? 6 Answers as of August 04, 2011

Husband is ten years overstayed since 07/03/2001. I married him on 08/08/2008. I would like to get him a green card. We have been together since 2006 and share everything. I need to know how to go about this and what forms I need to file for him. He came in with a form 94W visa waiver and never left the US, but now he is married to an American citizen who is me, so can I go forward to get him paperwork?

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Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
This is a winnable case. He can adjust his status inside the U.S.
Answer Applies to: Texas
Replied: 8/4/2011
Fong & Associates
Fong & Associates | William D. Fong
Yes, his I-94 overstay and unauthorized employment will be forgiven under INA section 245(a). Consult with an immigration attorney and file immediately.
Answer Applies to: Texas
Replied: 8/3/2011
Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
Generally, yes, he can still process. However, some USCIS districts are no longer permitting Adjustments/green cards based on marriage when you overstay a Visa Waiver. Thus, he/you should be very careful to verify this.
Answer Applies to: California
Replied: 8/3/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You can go ahead and file an I-130 petition along with his I-485 if he entered lawfully and never left the U.S. Make sure that he had no run-in with law enforcement. Although he seems to qualify, I recommend consulting with an immigration attorney to make sure there are no hidden issues given the length of his stay in the U.S.
Answer Applies to: California
Replied: 8/3/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You actually may file I-130 for him. and he can adjust status here in US. If you are not sure, in order to avoid denial, you should hire an attorney.
Answer Applies to: Florida
Replied: 8/3/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    Yes as you are a U.S. Citizen you can petition for someone who entered under a visa waiver. You may a waiver to overcome past unlawful presence.
    Answer Applies to: Florida
    Replied: 8/3/2011
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