He can petition for you right now if he is a permanent resident. If you came legally and maintain your status, you can adjust in the US. If you fall out of status, he would need to become a citizen for you to adjust. If you came without inspection, your eligibility to adjust would depend on too many factors to discuss here. I suggest you consult with an attorney to learn exactly what steps you and your husband can take to help you become "legal."
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
He can sponsor you, but it will take between 2 and 3 years, and you will not be eligible for a provisional waiver in the U.S. It would be better for him to become a U.S. before he sponsors you for a green card.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(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.
It depends on your manner of last entry into US as well as your current nonimmigrant status. it also depends on whether you will be able to maintain your valid nonimmigrant status through another 3 to 4 years
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: email@example.com; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.