I am an American citizen, married to an illegal alien from Mexico. In 1989 at the age of two, my husband entered the country illegally with his immediate family. He doesn't have any sort of legal documents from the US(SS#,Drivers License, Visa or green card). He has never left the country and has never been in any serious trouble with the law. Any advice will be greatly appreciated . I just found out I'm going to be a mommy and the last thing I want is to lose my husband.
A US citizen can petition for her spouse as an immediate relative. However, when the non-citizen spouse entered without inspection, he would have to do counselar processing in his country. Once he leaves the U.S. he will have a 10 year bar and would have to apply for a waiver based on hardship to US citizen spouse. This is sometimes a long process that can take up to a year of him being in outside the U.S.
You should ask your husband if anybody ever filed some sort of petition for him or his parents to see if he has 245(i) protection which would enable him to adjust his status to lawful permanent resident here in the U.S. Also, there is a possability that immigration reform may come and maybe there is a way for him to stay. If you both decide to do counselar processing, you should definately consult an attorney to help you with the waiver.
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