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I am a US citizen, born and raised in the United States of…

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I am a US citizen...
I am a US citizen, born and raised in the United States of America. My husband is from Mexico and is here illegaly. Is there any way for him to get his residency through me his wife or his 2 daughters?
Submitted: 8 years ago.Category: Immigration Law
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Answered in 1 minute by:
6/15/2010
Immigration Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 103,583
Experience: Private practice in several areas, including immigration
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Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Did he cross illegally or overstay his visa? If he overstayed his visa, what year did he come and was anything ever filed for him?





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Customer reply replied 8 years ago

He crossed here illegaly.....

Immigration Lawyer: Ely, Counselor at Law replied 8 years ago
Well, he can't petition through the children until one of them is 18. He CAN petition through you. Because it was an entry without inspection, there is going to be a need to go back to the country of origin for a while.

You file the following documents with USCIS. Processing time is about six months, but can take up to a year a a half, so you'd have to be patient.



*I-130 Petition For Alien Relative

This petition lets USCIS know of your marriage to the alien. Link:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD



You will also have to file supporting documents as well.
You also file a I-601, which is a Application for Waiver of Ground of Inadmissibility, used if the alien has a criminal history, has been deported, or is here illegally. MOST OF THE TIME, the waiver is approved unless the criminal history is serious.

Link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bb515f56ff55d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

After the departure, file, and then USCIS will process the application and send it to the US Consulate in the home country which will request an interview. Assuming everything goes okay, a greencard will then be issued as a visa. Below is a SAMPLE list of what will be needed to file for the petition

I-130
Petitioner
___Copy of Birth Certificate / Copy of Naturalization Certificate / Copy of Passport
___Copy of Marriage Certificate
___Photo of Petitioner
___G-325A

Alien
___Photo of Alien with Name and Alien Number on Back
___G-325A

Additional Proof (as much of the following items as possible):
___Documentation showing joint ownership of property
___Lease
___Comingling of financial resources
___Affidavits by third parties (name, DOB, adrs, and relationship to husband/wife

___Affidavit of Support (Form I-864)
___ A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, including W-2s.



Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Customer reply replied 8 years ago
so there is nothing for us to do regarding the time he will spend in his country until the green card is given to him?
Immigration Lawyer: Ely, Counselor at Law replied 8 years ago
Sorry not really. There are two more options, but not very good ones:DO NOTHINGYes, do nothing. The U.S. has passed laws to legalize illegal aliens 8 times since 1929. Another strong draft is being bumped around and is expected by AILA to be revived sometime between now and next year has provisions for illegal aliens to gain at least temporary protected status. Attorneys now advise clients to simply wait, the strategy being that, since being an illegal alien is not a criminal act; that the worst that would happen under current law, is that they might get discovered and deported; however they have opportunities and options for relief from deportation proceedings than they have to change status to another legal visa type. If a client has no options for changing status to a visa type, then they are advised to apply for voluntary departure; after hearing the cost, we let them know the alternative is to wait until the new law, but that they run the risk of discovery and deportation. COLOR OF LAWThis argument for changing status to permanent residence for certain illegal aliens is normally only successful for someone who is married to a U.S. Citizen, or has citizen children, and has been here longer than 10 years. What they are doing is petitioning the court for permanent residence. The color of law is that they have been here for more than 10 years, and are crime free, but have been essentially living and working, paying taxes, and except for actually filing for permanent residence, are for all practical intents and purposes is a permanent resident. But this option is generally for defense to deportation and is not used as a forward action for citizenship.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
















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Customer reply replied 8 years ago

I guess wait is the only option we have. We have been married for 8 yrs next month and he has been here for 12 yrs so we will pray and hope he does not get deported. The waiting period is stressful and fearful but we must do that to prevent our family being torn apart at this time of our 2 daughters which one has had open heart surgery and they both need their daddy.

THANSK!

Immigration Lawyer: Ely, Counselor at Law replied 8 years ago
You're welcome. Good luck, and pls do not forget to press accept. Thanks :)
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