When can I file for my husbands green card? 9 Answers as of June 15, 2011

Me and my husband have been together for three years relationship-wise. We moved in together in October of last year and got married a week ago. Can I go ahead and apply for his green card? Or do I have to wait? I'm 18 he is 19 I'll be 19 in august. If it helps he came into the country legally with a visa but his permit has expired, would he have to go back to Mexico if he were to get his green card or would he only have to pay a fine?

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Lyttle Law Firm, PLLC
Lyttle Law Firm, PLLC | Daniella Lyttle
Hi. Your husband can become a green card holder without leaving the U.S. You should contact and hire an immigration attorney to help you with your case ASAP.
Answer Applies to: Texas
Replied: 6/15/2011
Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
You can apply your spouse's green card any time. Whether he has to go back to his home country depends on what type of visa he used when he first came in. Since he is illegal now, I highly advise you to seek attorney's assistance when filing for his paperwork.
Answer Applies to: Oregon
Replied: 6/15/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
You can go ahead and apply for his green card. He doesn't have to leave because he entered with inspection. Great case. Best of luck.
Answer Applies to: Texas
Replied: 6/14/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
In general terms, you can file for your husband the day you marry. There is no wait time. However I am unclear whether or not he is otherwise eligible- in terms of how he entered the US, overstays, criminal record, etc. I highly recommend that you pay for a full consult with a competent immigration attorney for a full analysis of his case to determine his options/risks.
Answer Applies to: California
Replied: 6/14/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You have to wait until 21 to petition for him.
Answer Applies to: Florida
Replied: 6/14/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    Assuming you are a a US citizen, he is eligible to adjust status immediately despite overstaying his visa. He will not have to leave the country. If you are a permanent resident, it will take a few years for a visa to become available, but you should apply immediately. I highly recommend consulting with and retaining an attorney to take you through the process. While it may seem simple, it is not. One mistake could delay the petition for a long time or result in denial of the petition. This is especially true if there are any complicating facts. I offer free phone consultations.
    Answer Applies to: New Jersey
    Replied: 6/14/2011
    Pacifica Legal Services
    Pacifica Legal Services | Floyd Fernandez
    The short answer is that you are able to file a petition for him. You are a citizen 18 or older, you can petition for him, after which he can file for adjustment of status. He MUST NOT RETURN TO MEXICO, he will lose his eligibility and will be ineligible for 10 years! He is eligible now. You will need an attorney, and I am available to help you and your fiance. Please contact me to set up a phone or e-mail appointment for a consultation.
    Answer Applies to: California
    Replied: 6/14/2011
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    Yes you can apply for him now.
    Answer Applies to: Florida
    Replied: 6/14/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    From what you have said, you dont need to wait to file an adjustment petition, you can proceed now. Furthermore, you can file the adjustment here in the U.S. contact my office for a free consultation so I can go through the process with you. Make sure you use an Immigration Attorney to ensure you get work authorization and green card quickly.
    Answer Applies to: Florida
    Replied: 6/14/2011
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