Does my husband qualify to get the residence card? if yes how long would it take??

Asked over 1 year ago - San Benito, TX

I've been married to my husband, who happens to be illegal, for 4 years we have 2 children. he has been here in the US for about 8 years. he has no criminal record and he has not been caught here. do you think he qualifies for the new law that will begin on March 2013

Attorney answers (4)

  1. Laura Justine Jacobson

    Contributor Level 13

    3

    Lawyers agree

    Answered . If you are a U.S. citizen and you petition for your husband to get his residence card, he may qualify to apply for the new "provisional waiver" process that starts in March 2013. It is not a new law exactly, but rather a new way to ask for the waiver your husband will need for having been in the U.S. without documents for so long. Because of your husband's unlawful presence, he will be barred for 10 years from coming back to the U.S. when he leaves to complete the application process in his home country. To not get this 10-year bar, he'll have to prove that you would suffer extreme and unusual hardship if he was not able to come back. Starting in March 2013, he can ask for a decision on the waiver here, before he leaves the country. He'll still have to leave the U.S. to finish the process, but the idea is that he hopefully won't have to stay over there very long if they approve his waiver. Waivers are difficult, but not impossible. There is no guarantee that the waiver will be approved, but an experienced immigration attorney can help you figure out what documents and information you can use in the waiver to show the immigration officer how much you would suffer if your husband is not allowed to come back.

    If you are not a U.S. citizen, your husband will not be able to apply for the waiver here under the new rules. Also, if he has any other immigration problems besides the unlawful presence, he also may not be able to apply under the new rules. In a case like yours, it's very important to talk to an immigration lawyer before you get started.

    The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney... more
  2. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . There is no new law.

    There is a new 'program' ... using an old law ... that he might qualify for.

    Meet with an attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . If you are a US citizen and he has an approved I-130, he might be able to get a provisional waiver.

    http://engnishimura.com/immigrant-visas/family-...

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Jeffrey Jose Estrella

    Contributor Level 13

    2

    Lawyers agree

    Answered . If you mean the provision waiver, he may qualify under certain circumstances to waive unlawful presence here in the US without leaving his family. If he is married to a USC/LPR, he can get a visa and adjust status accordingly. This is a complex process and requires an experienced immigration attorney.

    Hire a lawyer to protect your legal rights.
    Jeffrey J. Estrella, Esq.
    Licensed Attorney and Counsellor At Law/Abogado y Licensiado
    Licensed in New York, New Jersey, and Connecticut
    The Estrella Law Firm, P.C.
    75-20 Astoria Boulevard, Suite 170
    Inside The Bulova Corporate Center
    Jackson Heights, NY 11370
    T. (347) 628-2391
    F. (718) 672-4728
    E. Estrella.Jeffrey@gmail.com
    www.EstrellaLawyer.com

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20... more

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