How can I help my illegal alien husband adjust his status to that of United States resident? What is the process?

Asked about 4 years ago - Salt Lake City, UT

I am a United States citizen that has been married to an illegal immigrant for eleven months now. He entered the country illegaly, has been here for almost 5 years. My husband has never worked with someone else's documents, he has never been in trouble with the law, not even a ticket, nor has he ever been fingerprinted. He works for a company that moves heavy machinery, and does his taxes every year.

Additional information

I forgot to add that he pays child support.

Attorney answers (2)

  1. Carl Michael Shusterman

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    Contributor Level 20

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    Answered . For additional information, please see:

  2. Stuart Jonas Reich

    Pro

    Contributor Level 19

    4

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    2

    Answered . Unfortunately, the fact that your husband entered illegally (not necessarily that he is not in legal status now) is a big problem here.

    With legal entry, even someone out of status can still get a green card in the U.S. without leaving based on marriage to a citizen.

    But if the person entered illegally, they would need to leave the U.S.and process through the U.S. consulate in their home country - and the act of leaving after one year of "unlawful presence" makes him subject to a ten-year bar to coming back.

    There is a waiver of this bar available based on extreme hardship to a U.S. Citizen spouse or parent - you should speak with an attorney to see if this is a viable possibility.

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