Can my husband change his immigration status? 9 Answers as of March 08, 2012

I am a US citizen, and I married my husband who is an illegal immigrant that came through Mexico. We have been married since 2005. Is there any way for him to change his immigration status?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If he entered the US unlawfully, under the current immigration laws, he is not eligible to adjust status within the US. He would have to go back to Mexico but leaving the US would cause him to trigger an automatic 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, and this is fairly difficult to do in most cases.
Answer Applies to: California
Replied: 3/8/2012
All American Immigration
All American Immigration | Tom Youngjohn
If he doesn't have a criminal record, and especially if this is the first time he's been to the US, you could file for a waiver of the 10 year bar in advance and then he could leave the US to Consular process at which point it would be a piece of cake. It's always smart to get a second opinion.
Answer Applies to: Washington
Replied: 3/6/2012
Philip M. Zyne, P.A.
Philip M. Zyne, P.A. | Philip M. Zyne
Because your husband entered the United States without inspection, he is ineligible to adjust his status in the United States. However, he would be eligible for an unlawful presence waiver, and he may be eligible to seek a provisional waiver based on the new proposed rule from the Obama administration.
Answer Applies to: Florida
Replied: 3/5/2012
Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
Unfortunately, there is no easy way to correct his status. If you were brought here illegally, you cannot obtain any status (unless the laws change). There is an existing exception that permits the filing of a penalty ($1,000), if you have had a previous family or employment based case filed by 04/30/2001. Has anyone in his family filed such a case? Otherwise, you must go through a consulate process and be subject to a 10 year bar.
Answer Applies to: California
Replied: 3/5/2012
The Law Offices of Kristy Qiu
The Law Offices of Kristy Qiu | Mengjun Qiu
Yes, you need a waiver first, basically stating the hardship that you would endure if he were deported. After the waiver's granted, you can start the process to petition him as a relative. The waiver process is not simple, and it's risky. I highly recommend that you seek help of an attorney.
Answer Applies to: Florida
Replied: 3/5/2012
    Carol Beth Wolfenson | Carol Beth Wolfenson
    You can apply for him with a visa petition. He will have to obtain his visa through the US Consul in Ciudad Juarez. He will need a 601 Waiver to return evidencing extreme hardship to his US spouse. The procedure will be changing in a short time, where you will be able to apply for the waiver in the U.S., before leaving for the Consul
    Answer Applies to: New York
    Replied: 3/5/2012
    U.S. Immigration Law Group, LLP | Lisa D. Ramirez
    If your husband entered without a visa and did not have a petition filed on his behalf prior to April 30, 2001, he will have to depart the U.S. and go through consular processing in Ciudad Juarez. They are significant risks in doing so. Please be sure to seek the advice of a competent immigration attorney before proceeding.
    Answer Applies to: California
    Replied: 3/5/2012
    Hilf & Hilf PLC
    Hilf & Hilf PLC | Sufen Hilf
    If he is not covered by 245(i), then he cannot adjust his status. However, he may benefit from this new "provisional waiver" now. Please contact an immigration lawyer.
    Answer Applies to: Michigan
    Replied: 3/5/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Unfortunately, a person may not adjust their status to a lawful permanent residence if they entered the country illegally. The only way your husband could obtain status in the U.S. would be to return to Mexico and process through the U.S. Embassy/Consulate, but this is very risky as he would be subject to a bar against future admission. This bar can be waived, but only based upon extreme hardship. You and your husband should meet with an experienced immigration attorney to discuss the matter more thoroughly.
    Answer Applies to: New York
    Replied: 3/5/2012
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