If my husband entered the US illegaly and still is here illegally can he obtain a Visa or green card ?

Asked about 2 years ago - Marion, VA

he has been here since 2005 dosent have but a traffic ticket and he has a four year old daughter and pays child support for her

Attorney answers (4)

  1. Marc Richmond Amos

    Pro

    Contributor Level 10

    Answered . There are few options for him to obtain status within the United States. Are you a US citizen or permanent resident? Most likely he will need to obtain his green card outside of the US and he will need a waiver of his unlawful presence. Guidelines will soon be issued by the government on obtaining the waiver before he travels outside the country to get the green card, so be patient until the guidelines come out.

  2. Emily Katherine Allen

    Contributor Level 13

    1

    Lawyer agrees

    Answered . That depends on many factors, such as whether anyone ever filed a petition for him (or a parent, if he was a minor) before April 30, 2001, and whether he has departed the United States and re-entered illegally after having lived here for more than one year without authorization. You should speak to an immigration attorney in your area to learn more about the process of obtaining permanent residency in the United States versus through a U.S. Consulate abroad, and so that your situation can be individually evaluated.

  3. Deborah Lynne Karapetian

    Contributor Level 18

    Answered . Are you a citizen? He can get a green card if you are, but your daughter is not a basis. It won't be easy as he has been unlawfully present in the US. You will need an attorney.

  4. J Charles Ferrari

    Contributor Level 20

    Answered . Depends on your status, whether he qualifies for 245(i), whether he can obtain the necessary waivers, etc.

    You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

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

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