How can we start filing for my husbands citizenshp? 10 Answers as of July 04, 2013

My husband has been in the US for almost 10 years. He is only 25 years old. We met 8 years ago and were married 3 years ago. We have a 6 year old daughter and one on the way. He has no record of criminal activities and has never been arrested. We really want to get this process going. I'm not sure what our chances are or what forms we need to fill out to start. We filed a Freedon of Information Act. They replied that nothing was found about/for him. What should we do now? Please help!

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
If he has proof of entry you can apply. Unfortunately if you are not able to prove his entry, he will not get residence here. If he leaves he will be required to get a waiver. He is among the 11,000,000 aliens here who have no way to regularize because the laws are so unresponsive. Make your vote heard and contact your representative for human reform.
Answer Applies to: New York
Replied: 7/26/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
First step is to assess if he can adjust status inside the U.S., or whether he needs to go through consular processing.
Answer Applies to: Texas
Replied: 7/25/2011
Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
If you are a US citizen, then you can file petition to sponsor your husband permanent residency. Depending on how he entered the US, the process is different. Please consult with an immigration attorney before you take any actions.
Answer Applies to: Oregon
Replied: 7/22/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
The first thing you do is have a full consult with a competent immigration attorney to determine if your husband is allowed to file in the US or only out of it. The latter will trigger a ten year bar and you will have to file an extreme hardship waiver to try to overcome that. I am happy to do a consult with you, which takes about one hour and is $150. Otherwise please make an appointment with another immigration attorney!
Answer Applies to: California
Replied: 7/22/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
It depends, if he entered with a visa, he may qualify to apply for adjustment of status in the US. If he crossed the border without inspection and never left, after you file your petition for him, he will have to be interviewed by a consular officer in her home country and apply for a waiver. This process is very complicated and you must hire a competent immigration attorney. Don't do it yourself and don't let non-attorneys fool you. There are a lot of so called "notarios" that take advantage of uninformed immigrants and take your money and do nothing or mess up your immigration matter.
Answer Applies to: Nevada
Replied: 7/22/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    Not enough information. How did he enter the US and what if anything was filed for him?
    Answer Applies to: Texas
    Replied: 7/4/2013
    Kevin Bluitt, Attorney at Law
    Kevin Bluitt, Attorney at Law | Kevin Bluitt
    The key question is how did your husband enter the US. If he entered with inspection and admitted....no problem...if not...more difficult...contact my office and I will explain in detail.
    Answer Applies to: Florida
    Replied: 7/22/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Many info is missing. Are you a citizen? How did he enter the country? What status does he have? This case is not an easy one. If I were you, I would not try on my own. I would hire a lawyer.
    Answer Applies to: Florida
    Replied: 7/22/2011
    Law Offices of Iman Abouelazm, P.A.
    Law Offices of Iman Abouelazm, P.A. | Iman I. Abouelazm
    If you are a US citizen, you may file the I-130, I-485 and the I-864 Affidavit of Support for your husband, assuming your husband entered the country after being inspected, and is not otherwise inadmissible. If you qualify to sponsor and petition for him, and he is eligible for adjustment of status, he will receive his permanent residence. After being a permanent resident for 3 years, he may apply for his US citizenship as long as he is still married to and living with you. Good Luck!
    Answer Applies to: Florida
    Replied: 7/22/2011
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    It is unclear if you are US citizen. If you are and if he entered the US legally, you can file I-130 and he can file I-485 to adjust status. If he entered the US illegally, unless he is protected by 245i, he cannot adjust status.He may be eligible for cancellation(needs 10 years residence in the US and other very difficult requirements). Please consult with immigration lawyer for his options.
    Answer Applies to: California
    Replied: 7/22/2011
Click to View More Answers: