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What is the USCIS petitioner form used to become my husband a legal immigrant of USA?

North Arlington, NJ |

My husband came to this country with visa granted by USA embassy at my country but he stayed longer than 6 months and he lost the Privileges of his visa for violating the immigration law.
what USCIS form I can file to change his immigration status? please advice.

Attorney Answers 7


  1. Your question cannot be meaningfully answered without more facts. What type of visa did he enter on? When did you get married - after he came into the country or before? Are you planning to file a petition on your husband's behalf, concurrent with his green card application?

    You should speak with an attorney. This is not about simply filing forms - it is about the law. Your husband is now generating unlawful presence, which could potentially bar him from reentering should he depart in the future. Call one for a consultation.

    VOSBIKIAN & VOSBIKIAN, L.L.C. (856) 755-1400, e-mail: ssvosbikian@voslaw.com - Offices in Atlantic City, Cherry Hill, Newark, and Trenton, NJ. Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please visit and share this site: www.voslaw.com


  2. Much more information is needed. A US citizen or permanent resident can sponsor a spouse by submitting a petition for an alien relative. The spouse must also petition to adjust status. Knowing which forms to submit is about 5% of your challenge. The immigrant's criminal history, immigration history (including type of visa), and both spouses marital histories must be reviewed. The are many specific requirements that must be followed and evidence that must be submitted or your application will be denied. You need to consult with a lawyer so you don't waste your time and money.


  3. Generally, the form I-130 is used for relative petitions. I recommend that you consult with an immigration attorney to discuss your husband's eligibility requirements for the green card.


  4. Generally the first form to start the process is an I-130. I agree with my colleagues that you need to consult an immigration attorney.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  5. I-130/I-485

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  6. He will need waivers.

    You really need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  7. I agree that to provide you with a good answer, you would need to provide more information. However, here is a general answer:

    If your husband came on a tourist visa and you are a U.S. citizen, you can file an I-130 petition for him. If he is still in the U.S. (i.e. he did not leave the U.S. after accruing more than 180 days of unlawful status), he can file his application for adjustment of status (I-485) and his application for a work permit (I-765) together with your I-130.

    If you are NOT a U.S. citizen, your husband will NOT be able to adjust status as described above because he is not in lawful status right now. He would have to go back to his country to obtain an immigrant visa to return to the U.S. However, if he has been in unlawful status in the U.S. for more than 6 months, he would require a waiver to return to the U.S. This could get very complicated very quickly. Consult an experienced immigration attorney to help you.

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