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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118253
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband is in the US illegally. How do we go about ...

Customer Question

My husband is in the US illegally. How do we go about getting proper paperwork to make everything legit? Als, do you suggest we wait until after the election t see what happens?
Submitted: 9 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 years ago.
If you are a legal citizen of the U.S., then you can file for a visa for your husband and begin the immigration process. Waiting until after the election is a dangerous proposition, as there are no guarantees that any amnesty provisions will be passed and if something happens to your husband he could be deported, which would make his legitimat reentry into the U.S. much more difficult. Additionally, the immigration process is fairly lengthy and requires some detailed filing, so I would recommend contacting an immigration lawyer to assist you and to prevent his paperwork from being rejected and further delaying the process. If you cannot afford an attorney, contact your state bar association or legal aid and they will provide an immigration attorney free or at a low cost.

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Customer: replied 9 years ago.
When I apply for the Visa, can they deport him because he is not here legally?
Expert:  Law Educator, Esq. replied 9 years ago.
That is possible. It may be that the best way to apply for the visa is through his home country. Again, because he is already here, which complicates things, you should have an immigration attorney working with you through all of the steps. But the DUI should not affect the application for the visa and immigration based upon his marriage to a U.S. Citizen.