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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118809
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband wants to adjust my status but he has not worked

Customer Question

Hello. My husband wants to adjust my status but he has not worked for the last 7 years due to health reasons and not been filing his taxes. Please what do you advice?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Indiana
JA: Has anything been filed or reported?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have been undocumented for the past 10 years
Submitted: 4 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have been here undocumented for 10 years and have never had proper visa authorization, you would have to get to a local attorney, because he cannot just "change your status" and you could potentially face deportation if you are caught. The fact he has not been filing taxes is not as big of a deal if he does not owe any taxes because he has not earned any income in the last 7 years, but the fact you are present in the US without authorization is the problem. If you cannot afford an immigration attorney locally, you need to get to the local legal aid office and seek an immigration attorney to assist you to seek some alternative means to keep you in the country, such as humanitarian grounds, because right now with the way immigration laws are being enforced you are in a very tough position and he cannot just apply for you to gain legal status, it will require an attorney to try to assist with this.
Quite honestly, you may not be able to get legal status if you have been here without authorization for this long, so you may face a hard decision of remaining here undocumented and hoping for the laws to be changed by Congress or possibly being forced to return to your country. We do not like having to tell customers this, but you need to be very aware of the possible consequences.
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