What papers does my husband need to stay in the country? 3 Answers as of May 04, 2011

My husband is not here legally he has been here ten years and as never had any trouble with the law he is very hard working. We have two boys we would like for him to get the papers he needs to stay in the country.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You need to file form I-130 for his visa petition and have him go to his country of origin when the visa becomes available and get it there. He cannot adjust his status here if he came without a visa. Of course, there are exceptions like 245i under the life act but I dont know if he qualifies for any of them. You may want to consult a good attorney for other possible options. Good luck!
Answer Applies to: California
Replied: 5/4/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
File an I-130 for a visa, stay married for two more years then he is good to apply for citizenship
Answer Applies to: Tennessee
Replied: 5/4/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you are a US Citizen you can petition your husband. Whether he can obtain his Green Card in the U.S. depends on whether he came in legally, or if he is protected under INA Section 245(i). Section 245(i) allows aliens who did not come in legally, but are being petitioned by their spouse to apply for their Green Card in the US by filing for adjustment of status. If your husband did not come in legally and is not protected under Section 245(i), then he will have to complete the Green Card process by leaving the U.S. and applying for an immigrant visa at the US consulate in his home country. He will also likely need a waiver to return because he has been in the US illegally for more than one year.
Answer Applies to: California
Replied: 5/3/2011
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