Yes, you can get him a green card despite his status, unless there are other reasons making him inadmissible. There are 7 different forms that should be carefully prepared and filed together with supporting documentation. I recommend you hire a lawyer. Many of us offer free initial consultation for marriage-based cases.
Ismail T. Shahtakhtinski, Esq.
Attorney & Counselor at Law
I.S. Law Firm, PLLC
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Thre are several forms ot complete and a number of documents required as supporting evidencing including an affidavit of support, petition for alien relative adjustment of status, wortk authorization etc. Consult na attorney.
I agree with my colleague Mrs. Pollack. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .
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The forms you would file are readily available on the USCIS website. You should be aware, though, that filing for your husband is not a simple matter of filling and filing forms. While he is eligible to FILE for adjustment of status - even though he is a visa overstay - there could be other grounds of inadmissibility that render him ineligible to actually adjust his status. A consultation with an attorney will allow you to determine if such is the case with your husband.
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
You should explore whether "adjustment of status" is an option for your husband. Adjustment of status is a process that allows a person to complete the entire green card application process while in the United States. In many cases it is still possible to qualify for adjustment of status even if the applicant is out of status as long as he originally entered the United States lawfully. That being said, it will be important to review your husband's situation in more detail to confirm that he qualifies for adjustment of status before submitting any documents to the government. If he applies for adjustment of status but does not qualify, he could be placed in deportation proceedings.
The adjustment of status process involves submitting an I-130 petition (your request for your husband to be allowed to immigrate) along with an I-485 application for permanent resident status (your husband's request for a green card). Along with these applications, you would also be able to request a work authorization card so that your husband would be able to work lawfully while he waits for his green card.
Again, before you submit any forms to the government you need to make sure that your husband meets all of the requirements for adjustment of status.
My office is in Reston at the Reston Town Center. You can learn more about my firm and the adjustment of status process by checking out the link below.
(703) 424-2979. Virginia Immigration Lawyer - Helping Future Americans Become Citizens