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

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


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.

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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.

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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.

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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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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