What steps do I take to get my husband his citizenship? 11 Answers as of January 18, 2012

Your husband needs to become a permanent resident before being able to become a U.S. citizen. You need to contact an immigration attorney to screen your case and determine which is the best avenue available for the permanent residency.

It really depends on how your husband entered the US. If he entered lawfully and overstayed, he will be able to legalize his status within the US; if he entered the US unlawfully, he would have to consular process in his home country but by leaving the US he will automatically trigger a 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, and this is fairly difficult to do in most cases.

If you are a US citizen or have lawful permanent resident status in the US, you can file an I-130 petition for your husband. www.uscis.gov Whether or not he can apply for legal status depends upon a number of things.

The answer to your question depends on a lot of factors. You probably meet the requirements to file a petition for an immigrant visa for your husband, however, if he initially entered the U.S. illegally, he will have to return to his home country to apply for the visa at a U.S. consulate and he will need to submit a waiver request to "forgive" him for the time that he's been in the U.S. without lawful status. If he has any criminal record, he may need to apply for a waiver for that too, or it might be best if he doesn't go. If he is approved at the consulate and the waivers are granted, he can enter the U.S. with an immigrant visa and his residency card ("green card") will arrive in the mail shortly after. One thing to clarify - residency and a green card are two terms for the same thing - lawful permanent residence. I would definitely recommend that you meet with an attorney to find out what can be done in your case, based on your husband's history.

It will depend on what country he is from, the exact date of entry, how he entered the US, any filings prior to April 30, 2001 and if there are any other immigration or criminal violations.

The answer to your question depends upon a little more information regarding your husband. I would need to know how he entered the United States, if he was ever placed in deportation/removal, and if he has any criminal record or prior negative history with U.S. immigration. The reason I need to know how he entered is it will impact how the case proceeds. Assuming your husband entered with a valid visa, he would likely be able to adjust his status to a lawful permanent resident in the United States. However, if your husband did not enter the country illegally, he may have to return to his native country to obtain resident status. This is not a simple solution as he will likely need a hardship waiver for his prior illegal presence. The information I have provided is only the start as the situation can change if your husband has been in removal proceedings or has a criminal history. It would be best for you and your husband to meet with an experienced immigration attorney to discuss the case in more detail before taking any action.

Did he enter legally into the country? If not, he may need to return to his country to get a green card. You should speak with an experienced immigration attorney. Legal disclaimer: You can learn more about me by clicking on my Avvo profile. Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.

You can contact our office. If he entered unlawfully, we are waiting for instructions from the government pertaining to the new procedures regarding waivers. If he entered with a visa and you are citizen, this is an easy case.

that will depend on if you are a US citizen and if he entered the US legally or at least he is 245i protected. If yes you can file I-130 and he can file I-485 with the USCIS.

Based on your question it seems your husband may need the assistance of a competent attorney who can assess his current immigration status or lack thereof. In the meantime you may want to do some reading about Green Card and citizenship requirements at http://www.uscis.gov . That said, in general terms, a foreigner who resides in the US must have some sort of formal (official) permission to be in the country usually it is a visa (for example: tourist, investor, worker) and only those with authorization to work may be gainfully employed. Legal Permanent Residents (those who already have a Green Card) who are married to US citizens would be able to become citizens themselves by following the required procedures. Things get complicated for individuals who are married to US citizens but who are "documented." Each case is different, so there is no one single answer that fits all. Only by consulting with an attorney can these individuals learn if there is some sort of legal remedy for their specific situation. Good luck.