visa and passport have expired we would like to know what we need to do to get his papers he has been here for 12 years
If there are no other issues, you can file for his papers, assuming when you say you are "american" you mean you are a US citizen. The problem is that we don't know if there are any other issues based upon your small fact pattern. The best thing to do is to speak with and retain an immigration attorney to confirm your family meets the requirements for your spouse's green card. My firm handles such cases.
Law Offices of Nicklaus Misiti
212 537 4407
Legal disclaimer: The statement above is general in nature, 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.
2 lawyers agree
If he came in with a visa and a passport ... it is a fairly-straight-forward process.
Meet with an immigration lawyer to make sure he 'really' entered the US legally. I'm not doubting him ... it is just that, statistically, most hispanics didn't have a visa to enter the US.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
If the information you gave is accurate - you are US citizen, he came legally AND he has no criminal or other eligibility issues, you can file for him to gain residency. Speak with a lawyer to make sure there are no "hidden" surprises that can cause you trouble.
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
in most situations where a person comes United States with a visa and they are married to United States citizen and there are no other issues the permanent resident application is permitted, through a process known as adjustment. There are a limited number of visas that do not permit adjustment of status. You should make an appointment with attorney that practices immigration to determine if your husband is eligible to adjust status.