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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Immigration Law
Satisfied Customers: 1059
Experience:  Managing Attorney at a Law Firm
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I CAME TO THE US WITH NO VISA IN 1999 CAN MY HUSBAND FILE

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I CAME TO THE US WITH NO VISA IN 1999 CAN MY HUSBAND FILE FOR A GREEN CARD ME
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: NO I DONT
JA: Have you talked to a lawyer yet?
Customer: NO I HAVENT
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO THAT IS ALL

Good afternoon, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

Yes, your husband can petition for you using USCIS Form I-130.

However you will also need to file a 601 waiver petitioning US immigration authorities to allow you to reside in the US -- since the unlawful presence for the time you were here in the US without valid legal status makes you deportable and inadmissible for re-entry to the US for possibly up to 10 years.

A 601 waiver is a request that states that you should be allowed into the US based on extreme hardship that would be caused to your US citizenship spouse if you are not allowed to return. Extreme hardship includes things such as financial hardship, and strain on familial relationships.

This is a link to the I-130:

https://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

This is a link to the 601 waiver:

https://www.uscis.gov/i-601

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Customer: replied 28 days ago.
Thank you Attorney Nisha. What other documents do I need to add to the I601 and I130 ?
  • Form I-130 (signed with proper fee), with all required documentation, including:
    • Two completed and signed G-325A forms (one for you and one for your spouse)
    • A copy of your civil marriage certificate
    • A copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by you and/or your spouse were terminated
    • Passport style photos of you and your spouse (see Form I-130 instructions for photo requirements)
    • Evidence of all legal name changes for you and/or your spouse (may include marriage certificates, divorce decrees, court judgment of name change, adoption decrees, etc.)
  • Your spouse must demonstrate their US citizenship status with:
    • A copy of your valid U.S. passport OR
    • A copy of your U.S. birth certificate OR
    • A copy of Consular Report of Birth Abroad OR
    • A copy of your naturalization certificate OR
    • A copy of your certificate of citizenship

This list and information can be found at the link I sent you above:

https://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

I hope that helps!

Please remember to leave a positive rating for me, 5 stars are always appreciated, thanks!

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