Can I petition for my husband if he is already in the US? 1 Answers as of March 11, 2011I already made a petition for my husband in November 2010. He came to the US in year 2005 and since then he’s living inside the US illegally. I am a US citizen . I’m pregnant would that help in his case? How many years would he stay I’m he gets approved. All police tickets given to him were paid on time he doesn’t have any criminal history or anything. Is he going to be able to come in the US early or is he’s going to need to stay in Mexico?
Pacifica Legal Services | Floyd Fernandez
Your husband's only option is if he had come into the country legally, then overstayed his visa. Being married to you does not entitle him to remain while your petition is pending, nor does it allow him to adjust status, if he first came in illegally. He can apply for a waiver of inadmissibility, but the hardship has to be with you and the child, not with him. However, if he is the only provider, it may work. If you wish to have an attorney's services, don't hesitate to call.
Answer Applies to: California