Can I file a green card application for my husband? 15 Answers as of October 26, 2011

If he entered illegally he cannot adjust in this country unless he was the beneficiary of a petition filed before April 2001 (such as a parent's or labor certification). He could leave the country but then he will be subject to a 10 year bar and will need a waiver, which may be difficult. Otherwise you may have to wait for a change in the law.

If you are a citizen, yes.

You can petition for your husband, but unless he had another family member file for him before April 2011, he will probably have to go back to his home country to complete this process. The first step of the process is prepared and submitted while you are both in the U.S., before you have to decide whether or not he will leave.

Your husband is not eligible to receive a green card in the United States as he entered the country illegally. He would be required to return to his country to process his case through the U.S. Embassy/Consulate. However, as he was here illegally, he would be subject to a 10 year bar upon leaving the country. This bar can be waived by demonstrating extreme hardship to you if he was not allowed to re-enter sooner. Please note that if you and your husband file for him to receive a green card in the United States, his application will be denied and he will most likely put in removal proceedings.

It looks like he has to leave for consular processing. But this is very complicated and you must seek help of a seasoned immigration attorney.

You certainly can, but filing it does not mean that he is going to get it.

If he entered illegally you can petition for him, but he will have to leave the country in order to complete be process, and he will be penalized for his unlawful presence in the United States. There is a ten year bar to anyone who has previously been in the U.S. For more than one year without lawful status. He will need to seek a waiver of this ten year bar when he goes to the consulate for his interview and to achieve the waiver he will have to demonstrate that it will be an extreme hardship on his U.S. Citizen or lawful permanent resident spouse or parent.

Since his entry was illegal he cannot adjust in this country and will need to do consular processing. There are dangers that you need to be aware of in filing for him so consult an immigration attorney.

Since your husband entered illegally, you can file a I-130 and after hoped-for approval, he will go through visa processing at National Visa Center, then get interview at US consulate in his home country and then seek extreme hardship waiver. If successful, he will receive his green card.

You have to be 21 in order to sponsor someone.