How long will it take and cost for my husband to get his green card? 3 Answers as of May 19, 2011

I am a us citizen and want to fill for my husbands greencard. He entered the US illegally at age 4 and has some paperwork started with his half sister but the process wasn't completed. We are both 20 years old and have a 2year old daughter. We have been married for a month but together for 5years. We don't rent a apartment we rent a room will that,be a problem ?How long will the process take and how much will it cost?will he have to go back to Mexico?

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
Please contact our office to discuss your case. I have been practicing for over 15 years. Our immigration law firm has been in the immigration field for more than 45 years. We have handled cases with experience, integrity, and good effect. Please call me. We offer payment plans with no interest.
Answer Applies to: New York
Replied: 5/19/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You will have to wait until you reach the age of 21 before you can petition for your husband. As to the cost, it will depend on his circumstances and more information is needed in order to ascertain them. For instance you talked about his half-sister starting a process that was not completed. I am interested in finding out when the process was started and why it was not completed. That could change things . . . or not. Assuming he is not admissible when you turn 21 because of his illegal entry, then he will certainly have to go to Mexico and wait for his immigrant visa there. If the dream Act that has been re-introduced in the Senate becomes law, then maybe he will have an opportunity to adjust here. This is also assuming that he graduated high school here or is in College now or is in the military or enrolls in it by the time it becomes law (in a nutshell). But thi is a long shot. So, I suggest you file an I-130 as soon as you turn 21. Good luck!
Answer Applies to: California
Replied: 5/16/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Your petition and application will take at least a year, maybe longer. The problem is whether, as you say, the petition process "paperwork" as you call it, was ever started to where an I-130 was filed. If so, there may be eligibility for him through section 245i of the Immigration law (INA). The size of the residence is not an issue. He must *not* return to Mexico. Once he did that, he would be ineligible to even apply for any immigration benefit for at least 10 years. If he is not eligible under sec. 245i, then he may be able to apply for a waiver of inadmissibility (the technical term) under another form application that will accompany his green card application. A hardship would have to be demonstrated, one suffered by you and his daughter. But, it is necessary to apply once you are 21. There are other ways to be of help, including cancellation of removal, a procedure that involves going in front of a U.S. immigration judge. You will need the help of an attorney, and I would be pleased to be a help to you. Please feel free to call or e-mail me to set up a phone or in-person consultation. Best to you.
Answer Applies to: California
Replied: 5/13/2011
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