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

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.

Salt Lake City, UT -

Attorney Answers (2)

Carl Michael Shusterman

Carl Michael Shusterman

Immigration Attorney - Los Angeles, CA
Answered

For additional information, please see:

Stuart Jonas Reich

Stuart Jonas Reich

Immigration Attorney - New York, NY
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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