Greencard through marriage?

Question

my husband came in the country illegally when he was 14...he is now 20...we got married in June...how can i, being an american citizen, get him some type of documentation that will let him reside and work in the us legally?

Answer 1

Congratulations on your marriage. You've got a bit of an uphill climb to get your husband legal now. The time from before he was 18 does not count against him, but he has now accumulated enough time out of status for a 10 year ban. Also, if he entered without inspection (ie snuck in) he can not adjust status.

There is a waiver available for his situation, but you will have to show that it would cause you extreme hardship if you had to move to his home country. There is an excellent user group discussing this in the I-601 forum at www.immigrate2us.net



Do a LOT of research before you file any applications.

Answer 2

It's a difficult process. It's best to use a good, board certified, immigration attorney.



1. You will need to petition him using form I-130 with the Citizenship and Immigration Service.

2. He will be required to go back to his own country to be interviewed by a US consular officer.

3. There's a good chance, since he was illegally residing in the United States for more than a year, he'll be banned from returning to the United States for 10 years.

4. At this point you'll file an I-601 to appeal the ban.



Given his age at entry into the United States, and current legal marriage to a citizen, there's a very good chance the appeal will be successful.



However, you're looking at a process that will take about 2 years from start to finish. Again, it's best to use an attorney for this type of thing.



There is no "other" way to do it no matter what anyone tells you.

Answer 3

I applied for my green card in Dec 07 and had my green card by April 08. I had travel authorization by the end of Jan 09, but you have to make sure you submit the form the get that, there is no charge for this the form is I 131. My interview was scheduled almost exactly 4 months after I mailed my forms. I already had a social security number as I was already working in the USA on an H1B visa so I am not sure about that. I think you have to wait until you have the green card in hand to go to the social security office to apply for a number, I don't know how long it takes for them to issue the number. If you are applying in June/July you should be able to travel by October or December, as long as you file the I 131.

Answer 4

I gotta say that all illegals should earn their way into the US. I've always been like that and always will be no matter what they have to offer. He should of waited in line like the other law abiding (now) US citizens. Good luck on getting him a green card. Its gonna take quite a while considering only like 183,000 immigrants on the average are given green cards a year and there are millions of illegals coming across the Rio Grande and across from PuertoRico and Cuba.

Answer 5

Difficult situation since he did have the opportunity at 18 to go back to his country and file legally to come here.



That still might be your only alternative since he was illegally here when you married.

Answer 6

I am glad to hear that you want to do something right about something that was done wrong.

Just want to ask, why get involved w/ someone who is an illegal? I'm curious.....somewhere inside ya have to know that yer only asking for trouble?

You don't say anything about him wanting to be a naturalized American Citizen....is that even a priority?

I don't know how to go about fixing what you have gotten yourself into, but I hope you both do what is right, no matter what that may be.

Answer 7

Whatever you do, don't waste your time with the USCIS phone line. This is too important. Go talk to a real person at a local center or an immigration lawyer. The phone line will give you a bunch of people that don't know what they are talking about.....resulting in you having half a dozen different answers to a question.

Answer 8

check out the U.S. Imigration and Naturalization web page online. They have lots of info on what you want...my brother just had a baby with his girlfriend, she also came when she was 14, she is now 21, he's going to apply for her residency through him. Its not hard, and since you are a citizen they will put some priority to it...as opposed to a permanent resident applying for their spouse. Good luck...but also get in contact with an imigration lawyer...as all the questions you need to...have your bases covered okay, you dont want to put the spotlight on your husband for nothing and have him deported...take care.

Answer 9

No, you have to check in this first. 245I is a law and is not active and until does it, is not valid and that-is protection for any Illegal alien whom come to USA and can not prove how he got here. the only thing you can do is apply I 130 is a fee you have to pay. But do not let him out of the country, because if he does that he'll get the penalty of 10 year out of the country. Good luck!!

Answer 10

You will have trouble because he came illegally to begin with. You need to speak to an immigration attorney.

Answer 11

Check with USCIS, I believe that there is something available for you through them.



And Paula, one CAN petition for permanent residency for their spouse. Please check your facts before you post misleading or incorrect information.

Answer 12

check out the law but something you might be able to do,good look!

Answer 13

No sorry - green cards are from employers, not spouses. Unless you hire him.

Answer 14

Lawful Permanent Residence ("Green Card")



This section of the USCIS Website provides you with information and directions necessary to apply for lawful permanent residence (LPR), or "green cards". You will have the opportunity to access information regarding ways to get a "green card". A "green card" gives you official immigration status (Lawful Permanent Residency) in the United states. If you already are a permanent resident, you may want to read, "Now That You Are A Permanent Resident".



If you already know the specific path of immigration you wish to follow, visit one of the following:



* Immigration through a Family Member

* Immigration through Employment



If you are unsure which immigration path best fits your particular situation, see our general information section.



*

Immigration Classification and Visa Categories

*

How do I Become a Lawful Permanent Resident While in the United States?

*

Eligibility information: Who May Apply to Become a Lawful Permanent Resident While in the United States



Additional information related to lawful permanent residency that you might need to review are as follows:



How Do I Become a Lawful Permanent Resident While in the United States?







Background

An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step process to become an immigrant. In most cases, USCIS must first approve an immigrant petition for you, usually filed by an employer or relative. Then, an immigrant visa number must be available to you, even if you are already in the United States. After that, if you are already in the United States, you may apply to adjust to permanent resident status (If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.)



For an excellent overview of immigration, please see the chapter and tables on immigrants in the Immigration Statistical Yearbook. For more information on immigrant status based on employment, please see How Do I Apply for Immigrant Status Based on Employment?. In addition, please see our index of Infolinks that will provide information on bringing relatives to live in the United States. For more information on visa numbers, please see the How Do I Get an Immigrant Visa Number?.



Where Can I Find the Law?

The Immigration and Nationality Act is a law that governs immigration in the United States. For the part of the law concerning most types of permanent resident status, please see INA § 245. The specific eligibility requirements and procedures for adjusting to permanent residence status are included in the Code of Federal Regulations [CFR] at 8 CFR § 245.



Who is Eligible?

To find out who may apply for permanent residence in the United States, please see eligibility information.



(Please note, your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. For more information, please see How Do I Remove the Conditions on Permanent Resident Based on Marriage?.)



How Do I Apply?

To find out how you can apply to become a lawful permanent resident of the United States, please click here to see Application Procedures, which will help you identify what you need to do. After you submit your application materials, you will be asked to go to a USCIS office to answer questions about your applications.



Will I Get a Work Permit?

Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. You should use USCIS Form I-765 to apply for a work permit. You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently. Please see How Do I Get a Work Permit? for more information.



Can I Travel Outside the United States?

If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS and you may not be permitted to return to the United States. For more information, please see How Do I Get a Travel Document?.



How Can I Check the Status of My Application?

Please contact the USCIS office that received your application. You should be prepared to provide USCIS staff with specific information about your application. Please click here for complete instructions on checking the status of your application. Please click here for more information on USCIS offices.



How Can I Appeal?

The only applications for permanent residency (Form I-485) which can be appealed to USCIS are those based on a marriage which took place while the alien's application was in process or those based on Section 586 of Public Law 106-429, adjustment of status for certain nationals of Vietnam, Cambodia and Laos. These appeals must be made to the Administrative Appeals Unit (AAU).



Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C. For more information, please see, How Do I Appeal A Denial of My Application or Petition?.



Can Anyone Help Me?

If advice is needed, you may contact the USCIS District Office near your home for a list of community-based, non-profit organizations that may be able to assist you in applying for an immigration benefit. Please see our USCIS field offices home page for more information on contacting USCIS offices.



(one of the requirements VISA, I-94, and Alien number.



He may be face a deportation.



your spouse is in difficult situation to apply AOS.



Hire a very good lawyer. Good luck) There are many requirements they want from your spouse.



you can give thumbs down for this but its a fact.



To above me, Form I-601 may be filed by a non-U.S. citizen in the United States who is ineligible to enter the United States for reasons such as HIV, mental conditions and tuberculosis. Form I-601 is used to apply for an excludability waiver. The supportive documentation to Form I-601 may be substantial. (Maybe I just don't understand. LoL)