What forms do I have to send to make my husband a resident? 3 Answers as of May 20, 2011How long does the process of petition for my husband take? Would my husband have to fill a form of forgiveness for coming to the United States illegally? Would my husband’s degree as an electronics engineering technology help him out?
The Jarrett Firm, LLC | Patrick Jarrett
If you are a US Citizen, you can petition for your husband. If he entered illegally, he may qualify to adjust if he can meet the very narrow requirements under 245i of the INA. If not, he will be subject to either a three year or ten year bar of reentry, depending on the length of his unlawful presence. You will then have to petition for a waiver based on hardship to a US Citizen spouse. The process is very difficult and fact intensive. I would encourage you to seek the assistance of an immigration attorney before you begin the process.
Answer Applies to: Georgia
Verdin Law Firm, LLC | Isaul Verdin
If your husband entered the country illegally (without inspection) and no one has ever petitioned for him before April 30, 2001, then he will not be eligible to apply for his green card from within the U.S. Instead, he must depart and process for his residency through the US consulate/embassy in his native country. He will need a carefully prepared waiver to overcome his unlawful presence in the U.S. This is submitted on form I-601. I highly suggest you retain an experienced immigration lawyer to assist you as this process can be highly complex.
Answer Applies to: Texas
Law Office of Immigration & International Trade Law | Linda Liang
You need more than one form. Other than applying for him, he needs to receive a waiver from consulate.
Answer Applies to: Florida