My husband and I have been married for one year, I'm a permanent resident (can apply for citizenship now and my husband is tourist but he never left the country since he came two years ago).
Do i need to fill an i-130 for him to become permanent resident?
We also have a child that was born here two months ago. I do not work and he is been working since he came here and is getting paid in cash. What else can we do?
You can file an I-130 immigrant petition on his behalf now - to "somewhat" protect husband from an immigration judge ordering him 'removed" if caught before you actually become a USC.
Once you become a USC he can apply for "adjustment of status" to permanent residency with USCIS in the USA his previous years long overstay notwithstanding - as long as he is not caught and/or placed in removal proceedings before that.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You do need to file an I-130 for him to become a permanent resident. When you naturalize he can file to adjust, or he can consular process with a provisional waiver for unlawful presence.
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.
Agree with the above, you can I-130 now. Once you're close to naturalizing you can file I-485. I recommend discussing with an immigration attorney.
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