Citizen wants to petition for illegal husband

Asked about 1 year ago - Lancaster, CA

I am currently 20 years old and my husband is 27. He entered the United States illegally in 2005. We have been married for what is about to be 2 years in December. I actually want to submit the i130. Last year in November he has an accident in which a nail went through his eye. He is actually disable and going through treatment. My question is there any way for him to not have to await his papers outside the United States because he would completely lose the treatment and he can’t see from that eye? I’m also a student that is not working and I know that we need to show income to show that someone is going to be paying for his stuff if he goes out. We are actually surviving off his disability check. He is actually going to go into surgery in the next six months for the reconstruction of his frontal.

Additional information

how long could the process take we just submitted the petition. how long would it take to get an answer back and also what would be the most amount of time that he would be out

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    16

    Lawyers agree

    Answered . Unless he qualifies under section 245i of the law, he would have to apply abroad for a green card.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . After the laws passed in 1996 illegal entry makes it impossible for your husband to adjust status in the US. He will have to exit and consular process once the "extreme hardship" waiver you'll file on his behalf will be approved. "Humanitarian" parole is rarely if ever granted and is very fact (and presentation) specific. You'll need a skilled, licensed immigration attorney for all this.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Boris Alexander Palant

    Contributor Level 16

    4

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Entry without inspection renders your husband non-adjustable. If he leaves to go through consular processing he will need a waiver. Humanitarian parole might be a possibility but more facts are needed. Please see a good lawyer.

  4. Arturo Angel Burga

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . Not really, he would have to leave the country; but if you file and get an I-601A approved before the interview in his home country, he would only be out of the country for about a week at most. From your facts, it looks like you are an ideal candidate for the I-601A waiver. This waiver is required because he entered illegally and lived here illegally for over 1 year. Without the waiver he would have a 10 year bar to enter to US. Waivers are very complicated. Have an Immigration Attorney prepare it for you.

    Answering this question does not create an attorney-client relationship between us. The answer given is for... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

32,025 answers this week

3,381 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

32,025 answers this week

3,381 attorneys answering