Me and my husband have been together for about 5 years and married for about 6 months and have a child together the only problem is he is not legal he was forced by his parents to come here when he was 13 illegaly . He knows how to speak english . What do i do next to make him legal?
2007-08-09 05:38:55 · 9 answers · asked by Anonymous in Politics & Government ➔ Immigration
Immediately appy for permenant residence and get a green card. Since the immigration bill did not pass, immigration naturalization by family is still the highest priority to be processesed. It should not take too long(as in no longer than 1 year or so) to get a green card with your priority.
After holding a green card for 5 years, your husband can then apply for citizenship, which is where things can drag. It's usually a lot of hassle to get all the forms ready. There is also a civics written test that average Americans born here couldn't pass on the first try.
Dealing with INS will not be easy. INS is either over-worked with all the applications or the services are just lousy because of some attitudes toward immigrants. It will not be an easy process. Getting the green card will be the first big hurdle. Good Luck.
Here is the link from INS that explains the green card a bit:
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD
XR
2007-08-09 05:58:05 · answer #1 · answered by XReader 5 · 0⤊ 2⤋
Since he's never had any legal status, he can't adjust to immigrant status here in the US, unless DHS picks him up, he sees an immigration judge in a deportation hearing and is granted suspension of deportation by the judge. That's quite a bit harder to get than it used to be, but as noted elsewhere it would be considered based on the fact that he has an American wife and spouse. However, it takes more than showing mere hardship. It's not something that should be easily counted on.
Ohterwise, you'll need to file an immigrant visa petition for your husband who will have to leave the US before he can be considered for the immigrant visa. Among other problems, since he's been here illegally for many years, he is ineligible to receive a visa for 10 years under 9B2, being illegally present in the US for over a year. It is possible to apply for a waiver of that, but it takes a while and there are additional fees. You should also know that there's no guarantee that he would receeve the waiver, but he does have a chance with an American wife and child. If he does receive the waiver from DHS, he'll be able to use the immigrant visa petition and enter legally.
You should certainly consider going to an immigration attorney and give him all the details, so he can advise you how best to proceed. there are lots of factors that may affect your situation. More than can be considered in a paragraph or two.
2007-08-09 08:05:41 · answer #2 · answered by George L 7 · 1⤊ 0⤋
I'm on the same boat, and Ive talked to a lot of immigration lawyers. The only way to become legal if he's already here is to apply for cancellation of removal. Which basically means you would have to go in from of an immigration judge, tell him your story and why they shouldn't deport your husband. It is extremely hard to have them approve the application for the simple fact that you have to prove extreme and unusual hardship if he is deported (hardship to YOU not to him). . .but talk to an immigration lawyer, and if you do decide to go through with it, PLEASE do some research and find the best lawyer you can get. Because if something goes wrong, he could be banned for up to ten years from the U.S.
2007-08-09 06:01:09 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Go with him but he MUST return home and start the paperwork to become legal. He can't become legal while he is illegally here.
It doesn't matter that he is married to a citizen or has a child who is a citizen. No auto citizenship! That is the law.
Do this soon. You will have more problems if he is deported and that is a possibility!
2007-08-09 10:08:26 · answer #4 · answered by Anonymous · 1⤊ 0⤋
You'll probably have to contact an immigration attorney and see what advice they can give you. Even though your husband was brought to the US by his parents, he remains illegal and can get deported. There are those who were brought here at a younger age and have been sent back to their resident countries. It may help work to your advantage that he is married to a US citizen and that he has a child that is a minor.
2007-08-09 05:54:17 · answer #5 · answered by ladydi_1987 5 · 0⤊ 1⤋
I assume you are American. If you are, then you can file with the Immigration office, a petition to grant legal residency in favor of your husband.
2007-08-09 05:57:08 · answer #6 · answered by Belen 5 · 0⤊ 1⤋
interior the US the husband has no criminal rights regarding a woman's staggering to % an abortion. Nor does he have the criminal (as adversarial to ethical) staggering to be counseled, opposite to what some think of.
2016-12-15 10:12:57 · answer #7 · answered by ? 4 · 0⤊ 0⤋
he have to leave this country first, and apply from the country of his birth and pray hard that they will grant him a legal status because he violated the law by staying here illegally.
2007-08-09 05:43:15 · answer #8 · answered by livinhapi 6 · 3⤊ 1⤋
If he goes back to his own country, then he will no longer be illegal.
2007-08-09 06:41:32 · answer #9 · answered by Anonymous · 1⤊ 2⤋