I AM A US CITIZEN. WE HAVE BEEN MARRIED FOR 1 YEAR AND A HALF. WE HAVE 1 CHILD TOGETHER. HE HAS A CLEAN RECORD HERE IN THE US. HIS MOTHER BROUGHT HIM TO THE COUNTRY WHEN HE WAS 5 YEARS OLD. HES BEEN HERE EVER SINCE. HE IS NOW 31. WHAT FORMS SHOULD I FILE? WHAT DO I NEED TO DO AFTER I GET THE RIGHT FORMS?
HE ENTERED WITHOUT INSPECTION
Not enough information. In order to get your question answered you have to ask a question first in a form which would render it understandable and provide information sufficient to make a reasonable and intelligible suggestion. I cannot answer your question on the information provided. The answer depends on the information not in your post. Assuming he was brought by the mother at the border with no admission, he will need to seek provisional waiver in order to qualify for an immigrant visa. That process best achieved by contacting an immigration attorney for more detailed and substantive discussion.
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There are more questions that need to be answered. Significantly, did you husband come to America without inspection? If so, he will be classified as "Entry Without Inspection" ("EWI"). If he is an EWI, than getting him a green card will require a couple of steps and he will need to seek a Provisional Waiver, asking the government to forgive him for entering the US without inspection. If the waiver is approved, he will then have to travel back to his home country for an interview with the US consulate. Getting a waiver is a complicated process and you should consultant with an immigration attorney for help.
Also, your husband may qualify for DACA (Deferred Action For Childhood Arrivals), which would provide him with temporary work authorization while he is in the US. Aside from other requirements, your husband must be under the age of 31 as of June 15, 2012 and came to the United States before reaching his 16th birthday. If he meets these age requirements, you should consider contacting an immigration attorney to discuss the other requirements.
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To sponsor him for a green card, you need to start with an I-130 petition. He may also be eligible for Deferred Action
(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.
Start by filing an I130. If he is 245i eligible he may apply to adjust his status here in the US, if not he would have to consular process but may be eligible for the I601a waiver. He may also be eligible for DACA. You may want to consult with an attorney before moving forward.
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