Is it too soon to petition for residency for my illegal husband? 4 Answers as of June 21, 2011

I'm a US citizen, work full time, student full time. I met my husband about a year ago and we married a month ago. We've lived together for about 5 months now and have shared bank accounts and a lease on the apartment. My husband wants to get his residency now and get it over with (we know that he will leave to Mexico) and, of course, I say wait. He came in illegally, has no papers, and has never been caught.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
It is never too soon to file a visa petition once your beneficiary becomes eligible. If I were you I would think about strategizing for a good waiver application since you know he is going to need one. This is because your spouse may have been in the US without authorization for 180 days or more. Theoretically, he could be barred from the US for 3 to 10 years. Therefore, establishing bases for a good waiver is more important. Good luck!
Answer Applies to: California
Replied: 6/21/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The first thing I would tell him is that if he returns to Mexico, and then applies for legal residency, by showing up to the US Consulate in Juarez, Mexico, he would immediately be told that he has a 10-year ban from even applying for permission to file for a U.S. visa, unless he can demonstrate that an extreme and extraordinary hardship would occur to someone who is a U.S. citizen spouse, parent, or minor child. There are possible options that you can pursue, but you need an attorney. Please give me a call at the phone number listed below to make an appointment for a phone or in-person consultation.
Answer Applies to: California
Replied: 6/21/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
You can petition for him, but you need an immigration lawyer to help you with his waiver for unlawful presence.
Answer Applies to: Texas
Replied: 6/20/2011
Lyttle Law Firm, PLLC
Lyttle Law Firm, PLLC | Daniella Lyttle
Filing now or filing later is a personal and difficult decision. You should meet with a lawyer to make sure you meet the standards for waiver cases before you start this journey.
Answer Applies to: Texas
Replied: 6/20/2011
Click to View More Answers: