I'm a green card holder, my husband is here in the USA and he is out of the status, can I petition him? 7 Answers as of July 18, 2013

I'm an immigrant, can I petition my husband with out of status? May I know sir because there is opportunity next for f-2b become current next month?

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Law Office of Adebola Asekun | Adebola O. Asekun
Although, you can file a petition for your husband and the fact that he is out of status is no bar to doing so. The current visa bulletin shows as you pointed out a visa may be immediately available. Unfortunately however, if he out of status, he may be ineligible to adjust status. Because you are a legal resident alien LPR , For aliens like your spouse who are not in lawful status are statutorily ineligible to adjust status aso shows who you stated is in the US even though, he may be out of status, and doing so might even be
Answer Applies to: New York
Replied: 7/18/2013
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If he is already out of status, he is not eligible to adjust status within the US unless you are a US citizen.
Answer Applies to: California
Replied: 7/16/2013
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
Your husband cannot adjust status in the U.S. based upon a petition filed by you if he has failed to maintain lawful non-immigrant status.
Answer Applies to: New York
Replied: 7/16/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
Your husband must have lawful status to apply for a green card if you are a permanent resident. He can only apply while out of status if you become a US citizen.
Answer Applies to: California
Replied: 7/16/2013
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
You can petition for your husband even though he is currently out of status. The petition is filed on form I-130. However, he won't be eligible to apply for adjustment of status (permanent residency) until you have become a naturalized citizen.
Answer Applies to: Texas
Replied: 7/16/2013
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    This would be F2A, not F2B. The numbers are current but unfortunately, your husband cannot apply for permanent residence in the U.S. if he is out of status UNLESS you become a US citizen or unless he has some other some sort of relief that permits him to apply here despite his unlawful status.
    Answer Applies to: Virginia
    Replied: 7/16/2013
    Coane and Associates
    Coane and Associates | Bruce Coane
    Yes, you can file I-130. Also, if he entered with inspection and is otherwise eligible, generally, he can also file for adjustment of status.
    Answer Applies to: Texas
    Replied: 7/16/2013
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