Can the illegal immigrant husband of a U.S. Citizen get residency in the U.S?

Question

I have been translating for a family who lives in my town. The wife is Puerto Rican and he husband is an illegal Mexican immigrant. He has been in the country for seven years and they have been married for two. The have a daughter together and a baby on the way. Can he apply for residency without risking deportation? Who can they contact about this without risking breaking-up the family?

Answer 1

No one can give you an accurate answer without a bit more information. He could be an illegal immigrant because he entered illegally, or he could be an illegal immigrant because he entered legally but stayed past his visa date.

If he entered legally, but overstayed, he could get his green card and then residency.

If he entered illegally and has never been legal, there is no way, under the current laws, for him to become a legal immigrant and/or citizen of the US while in the US. He would need to return to Mexico and apply from there for immigration. Once he is back in Mexico, he could apply as the spouse of a US (Puerto Rican) citizen.

The problem is that his illegal entry requires him to be banned from coming to the US for a period of TEN years.

Answer 2

Hola Sonrisa....he should talk to an immigration attorney. It costs money but it may save him from being deported. He may also have to pay a fine but at least he'll be able to stay in the country.....chao.

Answer 3

I believe they can-- but what you should do is contact a lawyer as they know the US law and know what to do. By contacting a lawyer -- they don't risk anything(only money for the fees)

Answer 4

he can get legal status, but might have to go back to Mexico for a while. only US immigration can tell you.

Answer 5

call immigration and do it legally.