How can I help my spouse get a green card if they entered the US illegally? 5 Answers as of July 23, 2011

I have a green card and was wondering if i could fix papers to my husband is entered the United states illegal but he never got caught and never has been an any illegal situation or deported. I was wondering what do we need to do.

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Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
If you are a US citizen and this is the first time anyone ever file any paperwork for him, then you can start the process in the US and later he will need to go back to his home country to apply for the visa.
Answer Applies to: Oregon
Replied: 7/23/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
The short answer is yes, he will need to go back and apply at a consular post. He will need a waiver. There are other issues that you must consult with a seasoned immigration attorney. Like for example if he left US and re-entered without inspection he will not be eligible for at least 10 years.
Answer Applies to: Nevada
Replied: 7/22/2011
The Law Offices Jonathan D Montag
The Law Offices Jonathan D Montag | Jonathan D Montag
Generally speaking: A person who entered without being inspected cannot adjust status in the U.S. and must get a visa abroad. However, departing the U.S. could trigger bars to coming back. If a person is the beneficiary of a petition (or a derivative beneficiary) filed before May 1, 2001, he may be able to adjust status through the payment of an enhanced fee under INA 245i.
Answer Applies to: California
Replied: 7/21/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Start with a standalone I-130 and wait for it to be approved and sent to the NVC for processing. When the NVC gets it, they will contact you and give you a step by step instruction in order to get a visa interview for him in his country of origin. I would recommend that you hire an attorney to handle at least the waiver portion of it if he found to qualify for such a waiver. Good luck!
Answer Applies to: California
Replied: 7/21/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
First step is to consult with an experienced immigration lawyer. Then, you need to consider consular processing with a waiver. This is delicate work, so you must seek competent assistance.
Answer Applies to: Texas
Replied: 7/21/2011
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