Can I file a petition for my husband to be a US resident even if he entered the country illegaly? 3 Answers as of June 08, 2011

I am a US citizen. Can I file a petition for my husband to be a resident even if he entered the country illegally? If i can, what steps do I have to take?

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Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
That depends on whether or not he is eligible for a waiver under 245(i) law and if not, if you have a strong extreme hardship case. Also, if he has a criminal record or was ever detained at the border. You need to seek a full consult from a competent immigration attorney in your area to fully analyze his case and to see if you can sponsor him.
Answer Applies to: California
Replied: 6/8/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
You can indeed file an I-130 petition for your husband. That is called, "Petition for an Alien Relative." However, once you have filed, there's nothing you can do to protect your husband from being removed, unless you can prove an extreme hardship that will happen to you if he is removed. If you want to discuss it further, give me a call or e-mail to set up a consultation.
Answer Applies to: California
Replied: 6/8/2011
Immigration Law Offices of Misiti Global, PLLC.
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
If a petition was filed on his behalf before April 30th 2001 or he is willing to leave the country he may qualify for a green card. Speak with an attorney directly for more information.
Answer Applies to: New York
Replied: 6/7/2011
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