How can my husband get a green card?

Asked almost 5 years ago - Bronx, NY

my husband came to the usa 7 years ago with his family illeagally. he was only a child, now him and i are married and have a child together, i am a citizen, how can we go about making him leagal without him leaving the usa, he is the sole provider for our family and it would be a great hardship for him to be gone.

Attorney answers (1)

  1. Ari J Sauer

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    2

    Answered . Unfortunately, your husband probably cannot apply for legal status without leaving the US. Generally, spouses of US citizens can apply for green cards in the US where they have entered the US on a visa or have been paroled into the US, even if they have since fallen out of status. However, this courtesy is not extended to spouses of U.S. citizens where they entered the U.S. without being inspected and legally admitted or paroled into the U.S.

    There are some exceptions to this rule, such as the 245(i) "amnesty" which can forgive the fact that a foreign national is out of status where a labor certification or petition was filed for them by April 30, 2001 (the rule is a bit more complicated than this). If your husband does not qualify for the 245(i) "amnesty" then he probably cannot legalize his status without leaving the U.S. (please consult an immigration law attorney who can make a determination based upon the full facts of your situation).

    Since your husband has been in the US while out of status for more than 6 months since he turned 18, eventually you will be required to file an I-601 waiver for him at the US consulate if he chooses to leave the US and apply for an immigrant visa at the Consulate once your petition is approved. It is recommended to hire an attorney to assist you with putting this application together to increase the chances of the waiver being granted.

    Further, if your husband has left the US and reentered illegally more than once, then he may be permanently barred from legalizing his status.

    -------------------------------------------------------------------------------------------
    Information posted or made available on or through the Site, including without limitation any responses to legal questions posted on Avvo Answers, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.

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

Get free answers from experienced attorneys.

 

Ask now

27,751 answers this week

2,886 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

27,751 answers this week

2,886 attorneys answering