Can I make my husband a legal resident? 2 Answers as of May 04, 2011

My husband came over illegally in 2000. He has a misdemeanor, can I as a u.s citizen fix him?

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Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If you are a US citizen, you can sponsor your husband for a green card either in the US or by him visiting the US consulate in Mexico. Since he entered without permission, he is not eligible to file in the US unless he is eligible under 245(i), a U visa or something to that affect. You can read about those options at several places online. Sometimes Mexicans also have interesting legal rights because of grandparents or parents who used to have status in the US so he really should get a full consult on this. Otherwise, when he leaves the US to get the green card, this will trigger a ten year reentry ban. You will need to show extreme hardship to get him back in. This is doable but difficult. Please get your case fully analyzed before you decide if this is a good idea for you!
Answer Applies to: California
Replied: 5/4/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
To properly advise you I will need substantial information about him and you. Is your spouse in or out of the U.S.? Has he ever been deported? I will need the details of his misdemeanor criminal record including date of crime, sentence served, any admissions he made in a plea agreement. If deported (removed) did he return to the U.S. after the deportation? Was he stopped at the border before he entered successfully? Was he inspected? After I get answers to these and related questions I can advise on the procedures and costs and processing time. The best way to proceed is to set up a consultation with me by contacting my secretary at the number below. I do charge for consultations but the fees paid for consulting would then be credited 100% toward the fees for his case if you retain us after the consult.
Answer Applies to: California
Replied: 5/3/2011
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