My husband and I are not married by law we are married by church.
We have 6 children and have been here for 15 years and 4 months. We are from Mexico.
There is not nearly enough information provided to answer your questions. Your family needs to schedule a consultation with an immigration attorney to determine if you have any options for becoming a legal permanent resident.
Need more facts to give a good answer.
What country were you born in? that makes a difference.
In short, yes, your husband can get the same immigrant status in the FB-3 category (family based).
However, FB-3 is backed up for some years so even though your Dad can file now, there is still a wait for your green card to be issued/
Assuming that you and your husband have entered into a lawful legal marriage then your husband can be included in the petition filed by your U.S. citizen father.
Jeffrey A. Devore, Esq.
Board Certified Immigration Attorney
Devore Law Group, P.A.
2925 PGA Blvd., Suite 204
Palm Beach Gardens, FL 33410
Telephone: (561) 478-5353
Facsimile: (561) 478-2144
I agree with Atty Devore.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
You really should go speak with a lawyer. You may have more than one option.
Assuming that you are not living in the US without legal permission. Then yes, your husband and children can all get greencards .... in many, many years ... there is a waiting list for people in your classification FB-3.
Franco Capriotti - Senior Legal Counsel & Former Professor of Immigration Law - Capriotti International Law
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Do not rely completely on information you get on a website. It is always wise to consult personally with an immigration attorney before taking any action.
Consider contacting one of the attorneys on Avvo, or www.ailalawyer.com - If you are low income go here: www.justice.gov/eoir/probono/states.htm or http://www.immigrationlawhelp.org/
FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.