I've already sent the I-130 petition, G-325 A, and W-7 form (for tax ID#)..My husband entered the country illegally almost 4 years ago. We lost our daughter almost 2 years ago at 8 months and now have another child on the way..I've received mail back already but am just slightly confused as to what I do next to give him U.S citizenship and to keep him with me. I am a U.S citizen. Should I hire a lawyer or just wait for the responses for my Petition and his tax ID# in the mail? What do I do?
The tax ID# is something separate from your immigration petition and not really part of the case. The next step will be to wait for the I-130 approval. Then you will start getting mail about next steps to process your husband's application. It sounds like he will have to finish the process in his home country, since he entered the country illegally. He will need a waiver for the years he was here unlawfully. Because you're a U.S. citizen, he may qualify for the new provisional waiver rules that start in March. Under those rules, he will be able to submit the waiver before he leaves the country. If they approve it, then hopefully he won't have to be out of the country very long. If all of this process goes well, he will be able to come back and get his green card. After that, it'll be 3 years before he can get his U.S. citizenship. I strongly recommend you talk to an immigration attorney as soon as possible if you aren't already using one. The waiver process is very difficult, and there is no guarantee that they will approve it. A lawyer will be able to help you prepare your best possible application.
First and foremost, my condolences to your family. My colleague is correct, your husband will need a waiver. it is a difficult process and you will have to show extreme hardship (and even though you have been through a lot, hardship is very tricky to show). I strongly suggest that you start working with an experienced attorney to help you complete the process. Also, you are helping him get his green card and not citizenship. One must first become a green card holder and only then they can file for citizenship.
If your spouse entered illegally he will require a waiver. Assuming you don't know how to prepare an application for a waiver, you will need an attorney. My firm handles these cases in NY. You can follow the link below for more information on the waiver.
Law Offices of Nicklaus Misiti
212 537 4407
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