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Spouse came with a visa 22 years ago...

Seattle, WA |

My husband came to the US on a visa when he was 2 or 3 years old. I believe his visa expired after all these years and he never returned to Mexico since coming. We have been together for almost 3 years married 2 months and expecting our first. How can I help him become legal?

Attorney Answers 2

  1. Hello:

    If you can show he actually entered the U.S. legally and you are a U.S. Citizen, he will be eligible to adjust in the U.S. (assuming he does not have a deportation order). Please see more below.


    Brian D. Lerner
    Attorney at Law

  2. I agree with the previous attorney respose. If he can prove he entered with a visa, and you are a U.S. citizen, it is possible he can file for his green card based on your marriage. He should try to get the original visa he used to enter and then I would recommend you have a consultation with an reputable immigration attorney to review all of the details of the case. Being married to a U.S. citizen does not guarantee him a green card and so it is important to review his complete immigration and criminal history with an attorney before you start presenting his applications with immigration. Just having a consultation with an attorney does not obligate you to hire that attorney to prepare the case. But at least you will have a professional evaluation of the case to know how to move forward.

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