Can I get a green card for my husband from a different country? 9 Answers as of January 16, 2011

I have been with my boyfriend for 5 years and we had a child together. We recently got married outside the US and I am wanting to bring him home to the US with me. He had entered into the US illegally the first time. Is there a way to get him a green card, if so how long will it take?

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
It depends on your immigration status and how long he was in the United States illegally.
Answer Applies to: Florida
Replied: 1/16/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The short answer is no, if the US government has proof that he entered the USA illegally and then left under illegal status. For leaving after being here illegally, he cannot apply to gain permanent residence for anywhere from 3 to 10 years. However, if the government does not have record of him entering or leaving illegally and you could still establish residency in the other country, it is self-incrimination to disclose one's presence in the country illegally, against his interest. Still, deliberate falsification of documents is document fraud, and the government has excellent ways to track a person's presence. So, assuming they can know of your husband's previous illegal presence, you can then only overcome the bar to apply for legal status if the separation will cause extraordinary and extreme hardship (to you, not him financial, or medical). That will be possible to do, but difficult. If you want to discuss the case further, feel free to contact me to schedule an in-person or phone consultation. Best to you.
Answer Applies to: California
Replied: 1/10/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Because of his illegal prior entry into the U.S. and subsequent departure from the U.S. there is a good chance he has triggered a ten (10) year bar before he can return unless he qualifies for a waiver. If you are a U.S. citizen and he has no negative factors other than his prior illegal entry to
the U.S. there is an excellent chance this will be successful. These cases are complicated though and need to be thoroughly prepared and presented. It is a multi-step process for you to first petition for him, then prepare Department of State forms, then medical exam and interview at the consulate, finally appointment is made to present the waiver.

Please contact me by phone or email discuss the procedures and fees and to get started.
Answer Applies to: California
Replied: 12/29/2010
The Vega Law Firm
The Vega Law Firm | Linda Vega
You may be able to bring him in the U.S. Please call us we may be able to help.
Answer Applies to: Texas
Replied: 12/28/2010
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Yes file a I-130 and apply for a Visa for him.
Answer Applies to: Tennessee
Replied: 12/28/2010
    Law Office of Baoqin Wang
    Law Office of Baoqin Wang | Baoqin Wang
    Yes. His previous illegal entry makes the case complicated. He may need to file waiver application in addition to regular green card process. The likelihood of success depends on many factors, such as his country of origin, the time & manner of previous illegal entry, his family ties in the US, etc.
    Answer Applies to: Oregon
    Replied: 12/28/2010
    Pauly P.A.
    Pauly P.A. | Clemens W. Pauly
    If you are a US citizen then you could file an I-130 for your husband in order to obtain an immigrant visa for him. However, since he seems to be inadmissible, you need to explore if he would qualify for a waiver. You need the help of an immigration lawyer.
    Answer Applies to: Florida
    Replied: 12/28/2010
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    Was he deported from the US and if so how long ago.
    Answer Applies to: Florida
    Replied: 12/27/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    The fact he entered illegally might be a problem. He needs a waiver of inadmissibility first. You can contact us for assistance with the waiver. Good luck!
    Answer Applies to: Florida
    Replied: 12/27/2010
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