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WHAT IMMIGRATION FORMS DO I NEED TO PETITION FOR MY HUSBAND THAT IS ALREADY IN THE US AND CAME WITHOUT INSPECTION?

Brooklyn, NY |

I'M A BORN CITIZEN

we were recently married on July 2010

Attorney Answers 2

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I recommend getting a qualified immigration lawyer to help you with your husband's case. Cases where a person has entered the United States without inspection are difficult because the person usually cannot apply for their green card without leaving the United States, even if they are married to a U.S. citizen. Furthermore, by leaving the United States, they usually trigger a 3 or 10 year bar against returning because they had been in the United States for so long without status before leaving. There are ways around this problem. Some people who entered without inspection remain eligible to apply for their green card without leaving, but it is best to have a lawyer determine if your husband falls into one of those categories. In addition, it is possible for spouses of U.S. citizens to apply for a waiver of the 3 and 10 year bars if they can show their spouse would suffer extreme hardship were they not permitted to immigrate. However, these waivers are difficult to prepare, and applying for one is a risk because they must be applied for outside the United States and are not always granted. Therefore, if your husband returns to his native country to apply for one, and it is denied, he would be stuck outside the United States for 3 or 10 years.

Christina Murdoch
Attorney
Scott D. Pollock & Associates, P.C.
105 W. Madison St., Suite 2200
Chicago, IL 60602
(312) 444-1940
(312) 444-1950 (fax)
cmurdoch@lawfirm1.com
www.lawfirm1.com

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