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My husband is a u.s permanent resident can he fix my immigration status?

Omaha, NE |

can my husband fix my immigration status if hes a u.s permanent resident?

Attorney Answers 3

Posted

He can petition for you right now if he is a permanent resident. If you came legally and maintain your status, you can adjust in the US. If you fall out of status, he would need to become a citizen for you to adjust. If you came without inspection, your eligibility to adjust would depend on too many factors to discuss here. I suggest you consult with an attorney to learn exactly what steps you and your husband can take to help you become "legal."

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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8 comments

Asker

Posted

well I came in illegally I was born in mexico..

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

When did you last enter? Has anyone ever petitioned for you or your parents?

Asker

Posted

well I came in on 2001 and no no one have petitioned for me or my parents.

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

OK. Unless the laws change, you would not be able to gain your residence in the US - you will have to leave at some point and process at the consulate. You really should hire an attorney before doing anything.

Asker

Posted

ok so I will need to get out of the u.s.a and then he could fix my status? and what would happened to my kids I got 2 and one in the way?

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

Eventually you will probably have to leave. But at this point DO NOT LEAVE because you will not be coming back for many years. That is why you need an attorney so that you can be properly advised when and what to do.

Asker

Posted

ok for how long in wich you refer as many years? and what about if he becomes a u.s citizen would that help?

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

Even though your husband can file for you now, you will not be able to do anything for at least 2-3 years because of how visas are issued. If he becomes a citizen that may speed things up, depending on how long it takes for him to become a citizen. Again, I strongly urge you to have an in depth consultation with an attorney.

Posted

He can sponsor you, but it will take between 2 and 3 years, and you will not be eligible for a provisional waiver in the U.S. It would be better for him to become a U.S. before he sponsors you for a green card.

Please click the link below for additional information.

---------
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(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.

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Asker

Posted

how long would it take for him to become a u.s citizen and how much would it cost he have been 25yrs with the permanent resident card.

Posted

It depends on your manner of last entry into US as well as your current nonimmigrant status. it also depends on whether you will be able to maintain your valid nonimmigrant status through another 3 to 4 years

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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