My husband and I have been married for 7 years, he has a work authorization and TPS, but we are wanting to get his resisdency what are the steps that we need to take to start the process.
State/Country relating to question: North Carolina
Hello,my name is Judith. Thank you for this opportunity to answer your questions.Did he enter the US illegally or legally with a visa?Judith
He entered the country illeagly.
Your husband is very lucky to have TPS.
I wish I had better news for you but there is no easy way for you to sponsor your husband.
You can file the petition for him but when it is approved he would have to leave the US and return back to his home country for the interview for his immigrant visa.
His departure from the US would trigger a 10 year bar to him being allowed
to come back.
There is a waiver (forgiveness) but that is seldom granted and is a very complicated process. The US citizen or permanent resident relative has to show unusual and extreme hardship, more than economic or psychological. Read more about the waivers at
http://www.ilw.com/articles/2007,0717-scott.shtm ***** A MUST READ!*****
These waivers are generally denied. You have to show your hardship is different from the thousands of other US citizen who have to live seperately because their spouses broke the immigration laws.
If you have a medical or mental condition that keeps you from working and your husband is the sole support you can have your physicians document this for the consulate. A serious physical or mental condition, such as a malignancy requiring extensive surgery, requires the continuing treatment of the applicant's spouse or child in the United States.
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