Is it possible to sponsor my husband who entered the US illegally? 12 Answers as of November 30, 2011

Im 18 years old and I would like to sponsor my husband. Would this be possible even if he entered the US illegally?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You can petition for him but he will not be eligible to adjust status within the US if he entered the US unlawfully. He will need to go back to his home country to consular process but as soon as he leaves the US he will automatically trigger a 10 year bar to reentry unless he can prove extreme hardship to a US citizen spouse. This is fairly difficult to do in most cases. Unless he is not yet 18 or not more than 180 days after his 18th birthday, he can still leave the US and not be barred.
Answer Applies to: California
Replied: 11/30/2011
Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
Most likely no. Without knowing anything about him, he will have to leave the U.S. to do consular processing. If has been living in the U.S. over 6 months beyond his 18th birthday, he will have to file for a waiver proving that you will suffer extreme hardship.
Answer Applies to: California
Replied: 11/14/2011
All American Immigration
All American Immigration | Tom Youngjohn
Yes, it is possible, but consular processing is required. If I assume that he entered the US only once in his life, and that was over a year ago, then he will be subjecting himself to a 10 year bar in leaving the US to consular process. I highly recommend hiring an experienced immigration attorney to handle this type of case. I won't do them myself unless a couple has tried it on their own, failed, and the foreign national is stuck outside of the US. Personally, I think you should get a lawyer who has done at least a dozen of these cases successfully in the past few years.
Answer Applies to: Washington
Replied: 11/7/2011
Joseph Law Firm
Joseph Law Firm | Jeff Joseph
If he entered illlegally, then, most likely, he will have to leave the U.S. to process his paperwork. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. Once the I-130 is approved, the case is sent to the National Visa Center which is the hub for consular processing around the world. The National Visa Center will send you forms that you must complete on behalf of your spouse, including the affidavit of support. The affidavit of support is to demonstrate that you have sufficient income to prevent your spouse from obtaining welfare. After you complete the forms and send them to the National Visa Center, your spouse will be scheduled for an interview at the consulate. There, they will determine if there is anything in your spouse's past that would prevent him from immigrating such as crimes, immigration violations, etc. If your spouse has more than one year of unlawful presence in the U.S. after the age of 18, he will need a waiver of his unlawful presence when he goes to the consulate for the waiver. To obtain the waiver, he will have to demonstrate that it will be an "extreme" hardship on you or on his lawful permanent resident or U.S. citizen parents if he is denied the waiver. If everything goes well, he will enter as a permanent resident.
Answer Applies to: Colorado
Replied: 11/7/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Maybe - I would need to review the complete immigration and criminal history for him, whether any family members have ever filed petitions for him, are his parents or grandparents U.S. citizens or permanent residents, the details of how he entered the U.S. (I know it was without papers but we need to determine if he was in fact "inspected, "etc. This will tell me whether he is eligible to file in the U.S. or must go overseas. If he is under 18 years and 6 months he needs to seek legal advice immediately as he may be able to avoid the need for a waiver even if he must go overseas.
Answer Applies to: California
Replied: 11/7/2011
    Law Office of Eric Fisher | Eric Fisher
    You can file a visa petition and sponsor your husband, but whether or not he can apply for an immigrant visa depends on his status and background.
    Answer Applies to: Colorado
    Replied: 11/7/2011
    Adam B. King, Attorney at Law PC
    Adam B. King, Attorney at Law PC | Adam Bruno King
    Yes, however he will have to ultimately seek an I-601 waiver.
    Answer Applies to: Idaho
    Replied: 11/7/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    It depends on the exact facts of his entry and if anyone filed anything for him prior to April 30, 2001 and if he has any other immigration or criminal violations.
    Answer Applies to: Texas
    Replied: 11/7/2011
    Verdin Law Firm, LLC
    Verdin Law Firm, LLC | Isaul Verdin
    Yes, it is possible, but it is likely that he will have to consular process. In addition, he will need to file a waiver.
    Answer Applies to: Texas
    Replied: 11/7/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    This is a large problem. You can sponsor him but he will not be able to adjust in the country and will in all likelihood have to do consular processing.
    Answer Applies to: Texas
    Replied: 11/7/2011
    Immigration Attorneys, LLP | Robert R. Gard
    You will be able to sponsor him on an I-130 Immediate Relative Petition, but he will NOT be eligible for adjustment of status to Permanent Resident Status ("LPR") unless he can document lawful admission. If ineligible for adjustment of status, he would have to apply for his immigrant visa (based on an approval of the I-130 you would be filing on his behalf) at a U.S. Consular Post in the country of his birth. He began to accrue "unlawful presence" from the moment he entered the US without inspection, so if he leaves the US for Consular Processing abroad after being unlawfully present for more than 180 days, he may not be eligible for readmission from three to ten years without the grant of a waiver. Waivers are another (much more complex and difficult) issue entirely.
    Answer Applies to: Illinois
    Replied: 11/7/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You can sponsor your husband, but he will not be able to adjust hi status to a lawful permanent resident in the United States unless he is grandfathered under INA 245(i) or was paroled into the United States. He would have to return to his native country to receive an immigrant visa. This would most likely trigger a ten year bar for unlawful presence, which can be waived if you would suffer extreme hardship if he was not allowed to re-enter the United States.
    Answer Applies to: New York
    Replied: 11/7/2011
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