Legal Question in Immigration Law in California

i am an american citizen my mexican national husband and i have a new born baby. He entered the country illegally 3 years ago. we have been happily and legally married for 15 months.we want to gaim resident alien status for him with out him going back to mexico. How does that work ?


Asked on 7/03/10, 5:05 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

He can't gain residency without going back to Mexico if he came to USA illegally 3 years ago. He will need to go back to Mexico and apply for a visa and a hardship waiver (assuming that his illegal entry 3 years ago was his first illegal entry to USA).

Under different circumstances, people can apply for a 'green card' without having to leave the country, but it doesn't appear from your post on this forum that he qualifies.

You should consult a lawyer before attempting to file any petitions with the DHS.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL to schedule a consultation).

Read more
Answered on 7/03/10, 8:50 pm
Taraneh Khorrami Law Offices of Taraneh Khorrami, APLC

Your husband will not be able to adjust his status in the U.S. since he entered the country illegally. In order to apply for an immigrant visa he needs to leave the country and apply for it at the US Consulate/Embassy in Mexico. However, since he has been present in the US illegally for over a year he is now inadmissible and subject to a ten-year bar. He might qualify for a waiver of inadmissibility if he meet the requirements.

Read more
Answered on 7/15/10, 4:46 pm


Related Questions & Answers

More Immigration Law questions and answers in California