If I entered the country illegally, how long will it take for a residence? 10 Answers as of March 12, 2012

My husband entered the US illegally , he is from El Salvador, I want to know if how long will it take for his residence?

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Law Offices of David Stoller, PA | David H. Stoller
The answer is there is no answer. Your spouse doesnt have lawful status here in the US and the fact is that his first decision that he made was to cross a border without authorization to do so. Idont say that to siund cold hearted. I say it because this is typically the way that the US government looks at it. Your spouses unlawful arrival in the US creates a whole lot of difficulty in resolving that problem. A foreign national who enters the US without authorization does not "earn" lawful status in the US simply by virtue of being physically present for a certain time. Options are available, but none are necessarily easy and there arw potential consequences to taking any step forward. Find a competent attorney with whom you can consult. Ask questions, demand answers and make an informed decision. And most of all, be careful. There are too many thiefs out there that will make empty promises and will not do much after promising the world.
Answer Applies to: Florida
Replied: 3/12/2012
Yahima Suarez, A Law Firm, PL | YAHIMA SUAREZ
You can apply for a family based visa petition for your husband the visa most likely will be approved. The problem he has is obtaining residency. He will not be granted residency in the US because he entered illegally unless he entered on or before 2001 and qualifies for 245i. For him to obtain his residency, he is going to have to leave the US to his home country, go to the interview over there and present waivers for illegal presence in the US and a few others. This is a very difficult process and it is very hard to be given admittance back to the US unless you can prove extreme hardship to you and other qualifying relatives. Extreme hardship has a very high burden of proof, just because he was the financial supporter does not work. You are recommended to consult an attorney that can review all the details of your case to see if it would be feasible to go through this risky process.
Answer Applies to: Florida
Replied: 3/9/2012
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
The law says at least 10 years from the moment that he leaves to go to his visa interview outside the US. I don't know your husband's case or particulars therefore I cannot say whether or not there exists circumstances that will make it possible for him to adjust his status here. Assuming that his illegal entry is the only violation that he has and that he has no remarkable criminal record, the new I-601 regulation that is still pending will help him in shortening the time he will have to spend abroad away from you in order to get his immigrant visa.
Answer Applies to: California
Replied: 3/8/2012
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
He can try to consular process. The whole process can take 1 to 2 years.
Answer Applies to: Texas
Replied: 3/8/2012
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If he entered the country illegally, under the current immigration laws, he will not be able to legalize his status within the US. He would have to go back to El Salvador but as soon as he departs the US, he will automatically trigger a 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse and this is fairly difficult to do in most cases.
Answer Applies to: California
Replied: 3/8/2012
    Fong & Associates
    Fong & Associates | William D. Fong
    Not nearly enough information to respond in detail to give you an estimated time. It depends on exactly how he entered the US unlawfully, EWI or under false pretenses, your immigration status, any other immigration or criminal violations, any filings for him prior to April 30, 2001, whether he filed for TPS, etc.
    Answer Applies to: Texas
    Replied: 3/8/2012
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    That will depend on many factors: if you are US citizen when did he enter the US is he protected by 245i If not, he cannot adjust status even if you are a US citizen. If he has been in the US for more than 10 years, he may be eligible for cancellation of Removal(not easy, please consult with immigration lawyer for advise). You should also consider to file I-130 petition first. After the approval, he should file for 601 waiver(hopefully by then he can file before his departure). in any event your case is complicated and you should consult with immigration lawyer soon.
    Answer Applies to: California
    Replied: 3/8/2012
    Law Office of Bijal Jani | Bijal Jani
    Obtaining legal residency will depend on the type of petition that would be possibly filed for him (either through spouse or work), and whether he has a valid entry into the USA. You should seek out the advice of an attorney for a detailed discussion.
    Answer Applies to: New York
    Replied: 3/8/2012
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    You will not get residence.
    Answer Applies to: Florida
    Replied: 3/8/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Your husband is not eligible to apply for adjustment of status in the United States. A person who crosses the border illegally cannot become a resident through processing in the U.S. unless they are eligible for benefits under INA 245(i). Your husband must have his case processed through the U.S. Embassy/Consulate in his native country. However, this is risky depending upon how long he has been illegally in the country and whether he was previously in removal proceedings. You should speak with an experienced immigration attorney in person so they can review your husband's entire immigration history and see what relief, if any, he can seek in the U.S.
    Answer Applies to: New York
    Replied: 3/8/2012
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