The answer to this question depends on a lot of factors. You will need to have a consultation with an immigration attorney. Generally if an alien enters with a visa, then a U.S. citizen spouse will be able to submit the paperwork to adjust the person's status (get a green card) without the alien having to leave the United States. However, if an alien entered without inspection, then they will not qualify to adjust their status in the United States, and will have to leave the country. The moment the alien leaves the country they are usually subject to an unlawful presence bar for which a waiver is needed. Consult an attorney before you submit any applications for your husband.
The above answer is provided for informational purposes only. One should not act or refrain to act solely based on the information provided. A personal consultation is needed to give a complete answer to any question. No attorney-client relationship is created unless an agreement is signed by the attorney and the client.
Consult with an experienced immigration attorney who will be able to guide you through this process
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
Yes, you should definitely have assistance. If your spouse did not enter lawfully, then there are a number of issues you need to understand and address. Not only is he likely to need the waiver mentioned by Ms. Tinoco, but whether he qualifies to apply for it before he leaves or not depends on additional factors, such as if he were previously caught upon attempting to enter, if he has other immigration history, if he has any criminal history, and more.
This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.
If you are a US citizen and if you entered into this marriage for love and affection, you can petition for your husband to obtain an immigrant visa at the US consulate in his country of origin. If he qualifies, he may obtain his visa in approximately 10 months. If he is already living in the US, he can apply for Adjustment of Status to Lawful Conditional Residence and this process takes a little over three months. If you want to find a competent immigration lawyer, I suggest you search in, the American Immigration Lawyer's Association web site www.aila.org and click the tab "Find a Lawyer". Best of luck.