Will I be able to get a visa? 4 Answers as of September 10, 2010

It all really depends on how you entered the United States: legally (with a visa) or unlawfully (without inspection).

The short answer is that you are not able to obtain a visa through your husband while undocumented. He may file an I-130 petition for alien relative for you, but you would be held as ineligible, and you cannot wait in the country while USCIS processes your application, unless you qualify for a hardship waiver. If you want to know more, by all means call or e-mail to set up an appointment. I hope to be of help to you.

You should eventually be able to get a visa if you have maintained your status in the United States when the priority date on your I-130 becomes current. If you have not been maintaining legal status (out of status or overstayed), then you must wait until your husband becomes a US citizen before you can be granted an immigrant visa yourself. This assumes, however, that you entered the US with inspection (with a visa).

If you did not enter with a visa, then a prior petition must have been filed for you before April 2001 to qualify you for 245i protection. If you qualify for 245i protection then you can be granted an immigrant visa (green card) when your husband becomes a US citizen, even if you did not enter the US with inspection