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Just recently married to someone who does not have residency here.. What steps do I take to make him a residence in Texas.

Katy, TX |

Me and my husband just got married yesterday after being together for a year.. I have heard all kinds of steps to take and some don't mesh. So needing to know what steps to take as he would like to travel back to Mexico to visit his mother who is ill..

he did not come here legally but was given an ID when he applied for one but that was 17 years ago... not sure if this bit of information makes a differneces so added this

Attorney Answers 4


  1. You are obviously very confused about this whole immigration process. It is normal.

    The road for your husband to acquire lawful residency in the US (forget TX for a moment) will be a long and arduous one for both of you. You will never adequately comprehend the process and all that needs to be done , and most importantly solving the problem by posting questions in a general forum such as this. You need to urgently sit down with a competent, experienced immigration lawyer in your area or the largest city closest to you to start moving on this.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. The starting point is typically to file an I-130. We'd ave to explore to see if he's eligible for adjustment of status or the provisional waiver. You'd also want to make sure he's not inadmissible.


  3. First of all I will advise your husband not to travel at this point if he can help it since he has remained in the US unlawfully for 17 years, this will trigger the 10 year ban from the US.

    The first step you need to take is to file an I-130 petition for your husband to establish your relationship. The subsequent process after the I-130 is filed will depend on several other factors such as your own status as either a Citizen or greencard holder, your husband's immigration history such as how many times has he entered or departed the US illegally or has anyone ever filed a relative petition on his behalf or parents behalf; and your husband's criminal record, if he has a criminal history.

    You will need to consult with a competent lawyer who can review your entire case before giving you competent counsel as to the appropriate steps for your own particular situation. Good luck and ongratulations on your wedding.


  4. Depending on the circumstances he could either recieve a residence card here or he might have to go back to Mexico for a short period. You definitely need to contact a good immigration lawyer experienced in this area.

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