How do I start the process of getting a green card for my husband? 9 Answers as of August 03, 2011

I'm a U.S. citizen married to an illegal alien.He entered illegally to the U.S. How do i start the process to obtain his green card? Would he have to leave the U.S. or is their any possibility he can stay in the U.S. while we go through the process?

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Law Firm of Caroline Dreyfus PA
Law Firm of Caroline Dreyfus PA | Caroline D J Dreyfus
Hello. If he entered illegally, he needs to leave the United States first. There are some exceptions that may apply. Please speak to an attorney for more information.
Answer Applies to: Florida
Replied: 8/3/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
The only way he can stay and obtain his green card from within the U.S. is if he is grandfathered through 245i. This means that someone should have filed a petition or labor certification for him or his parents on or before April 30, 2001. Otherwise, he has to leave the U.S. to process for his green card.
Answer Applies to: Texas
Replied: 8/2/2011
The Law Office of Khoa D Bui
The Law Office of Khoa D Bui | Khoa D Bui
You may petition for your husband. However, he will have to process his immigrant visa and at the same time apply for a waiver of inadmissibility at the US Consulate in his home country. There are strict requirements for this scenario to take place.
Answer Applies to: California
Replied: 7/30/2011
Hans Burgos, P.A., Immigration Law Offices
Hans Burgos, P.A., Immigration Law Offices | Hans Burgos
As a general rule, a foreign national who enters the United States without inspection is not eligible to file an Application for Adjustment of Status (Form I-485). He would probably need to depart from this country and pick up his immigrant visa at a US consulate.
Answer Applies to: Florida
Replied: 7/29/2011
Law Office of Felipe A. Malo, P.A.
Law Office of Felipe A. Malo, P.A. | Felipe Augusto Malo
You can file an I-130, but he cannot obtain residency inside usa as he entered illegally. he would have to leave the usa once i-130 is apporved and obtain residency in us embassy in his country. However he will need an I-601 waiver to forgive his illegal presence in the USA. If he has been in usa for 10 years he can try cancellation of removal for non permanent residents.
Answer Applies to: Florida
Replied: 7/29/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Since your husband entered illegally, he is not eligible to adjust status in US. He will have to go back to home town to receive his immigration visa. However, that way, he will be barred for 10 years or more depending on whether he has had trouble with law. You can consider a waiver. Retain a lawyer assistance to receive a waiver.
    Answer Applies to: Florida
    Replied: 7/29/2011
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    Som important information is missing: If your husband entered, styed for a year, left and came back without inspection that would make him subject to permanent bar. If he did not and is not 245i eligible, he should leave and apply for a waiver at the US consulate. These cases are extremely complicated and you MUST consult with a good immigration attorney to avoid irreparable mistakes.
    Answer Applies to: Nevada
    Replied: 7/29/2011
    The-Immigration-Lawyer.com, PC
    The-Immigration-Lawyer.com, PC | Scott D. Mills
    Because he entered illegally, your husband will be expected to spend his Residency Adjustment Period of 3 years in his home country. This 3 year period can be satisfied while in the US if USCIS grants a waiver. The waiver process is complex and I would recommend hiring an attorney.
    Answer Applies to: Utah
    Replied: 7/29/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    Your husband qualifies for a green card through your marriage. He must leave the U.S. and apply through a U.S. Consulate because he entered the U.S. illegally unless he qualifies for a certain exception. However, the Consulate cannot grant him an immigrant visa for up to 10 years if he came to the U.S. more than 1 year ago unless he is granted a waiver of the bar. You need to consult with an experienced immigration attorney who assesses any admissibility bars and chances for a waiver to overcome them before even starting the process.
    Answer Applies to: California
    Replied: 7/29/2011
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