How long it will take my husband to get a status for job? 15 Answers as of January 11, 2012

The answer will depends on the way he entered the country. If he entered without documents (what people usually calls ilegally), then you need to do consular processing. The consular process works this way in most cases: usually after filing a spouse petition, the next step is receiving a RECEIPT notice instead of an approval. Many petitioners get confused about a receipt notice and an approval notice. After the receipt notice is received, Immigration can request additional evidence if needed or just process the application with the evidence initially filed. When the petition is approved by Immigration, Immigration sends the file to the Department of State for consular processing if you are a US Citizen. If you are a permanent resident, the waiting list will vary depending on the country of origin of your spouse before he can adjust to become a permanent resident at the consular level. After his visa become available When the file is received by the Department of State, the attorney or the parties are informed that the file has been received. A visa fee bill and affidavit of support bill has to be paid before the case can be processed. After this step is done, the parties has to comply with the affidavit of support, consular forms and civil documents request to continue the processing. If the Department of State believes the file seem completed, they will send an appointment notice. Before the appointment, the intended immigrant needs to comply with medical examinations at a clinic designated by the Department of State. In some countries, the parties needs to attend a biometrics appointment. If he entered undocumented, he will need waivers at the consular processing stage. It is a very delicate topic that I recommend needs the assistance of an attorney due to the complexity of the waivers. Also, the attorney needs to do screening to determine what issues need to be waived. In some cases, the undocumented party may have issues that will prevent them for re-entering the U.S. for years or permanently. If you entered legally (for example, some visa), then you may qualify to process inside the U.S. The process is different than the one mentioned above. If you can become a US citizen the process may be faster and less cumbersome. Either way, I will truly recommend you contact an immigration attorney to appropriately screen your case and do damage control before any filing is done.

Generally, marriage to a US citizen or Legal Permanent Resident by itself will not fix an undocumented foreigner's immigration problems. Entering into the country without being properly "nspected" by a US customs agent at an official port of entry is the most common reason a foreign-national is considered "undocumented." Such a person is not eligible to get a GREEN CARD, unless he or she fits into a very narrow category and only a competent immigration attorney can assess the person's situation to determine if he or she can benefit from a specific immigration remedy. The individual should be aware that without a proper legal remedy, once detained and placed in removal proceedings, he or she will be subject to either a 3 year or 10 year bar, depending on how long the individual has resided in the US without inspection or a proper visa this means that once they depart (voluntarily or by being removed), they cannot come back to the US for that length of time.

It depends if he is eligible to adjust his status. It depends on many factors. Did he ever try to obtain residency? Does he have a criminal record? Has he ever been deported? Etc.

If he enters the US illegally, he may not be eligible to receive green card. Otherwise it may take 3 years for visa number to become current.

You can file an I-130 petition for your spouse. Depending upon what country he is from, he will then need to wait a few years to apply for a green card. You really need to determine whether he is eligible to file in the US or only through consular processing. In the latter, he will probably trigger a ten year reentry bar and an extreme hardship waiver will be needed to waive that bar. Please have a full consult with a competent immigration attorney in your area to fully vet this case before you do anything!