How can I help my husband become a legal citizen? 1 Answers as of May 03, 2011My husband and I have been married since december 2009 and I want to start looking into get him his papers hes from guat an ula and his mom brought him when he was 2 which has left him stuck so how can I go about getting the process started he has his high school diploma from here? I dont want him to go bk to giatamula tho is there a way to do it without him leaving me?
Nicastro Piscopo, APLC | Louis M. Piscopo
If you are a US Citizen you can petition your husband. Whether he can obtain his Green Card in the U.S. depends on whether he came in legally, or if he is protected under INA Section 245(i). Section 245(i) allows aliens who did not come in legally, but are being petitioned by their spouse to apply for their Green Card in the US by filing for adjustment of status. If your husband did not come in legally and is not protected under Section 245(i), then he will have to complete the Green Card process by leaving the U.S. and applying for an immigrant visa at the US consulate in his home country. He will also likely need a waiver to return because he has been in the US illegally for more than one year.
Answer Applies to: California