Legal Question in Immigration Law in California
How to change my husbands status while in the U.S
Im merried to an illegal alien who entered illegaly the country on 92, we been married since 2000, and i applied for him on the same year but never got an answer from the INS, we do have copies of the forms that were required at the time, now i understand that it is not possible to file for him now, what can i do to change his legal status, and are our copies enough proof so that we can proof that we did apply before 2001, also we have a 3 year old daughter, or if anything can he obtain and ID and a work permit while all of this is been processed, we submitted an I130 on oct,2003
2 Answers from Attorneys
Re: How to change my husbands status while in the U.S
If you have filed the I-130 petition during 245(i)..your husband can adjust here. If you did not...your husband may still be elgible for other reliefs as well!!!
Re: How to change my husbands status while in the U.S
People who entered illegally cannot adjust their status to permanent residence right now under the law if the I-130 was filed after April 30, 2001. He would have to go back to his country to get the paperwork and that can be risky. The U.S. consulate there may not allow him back for 10 years to be with you if they don't find there is sufficient extreme hardship.
It sounds like you didn't file successfully for him in 2000 with the INS with an I-130, but if you did, he DOES qualify for adjustment of status now. Only a consulation with an immigration attorney can resolve this.
Liem Doan, Esq.
Note: The above response is provided for legal information only and is
not legal advice. Such advice can only be rendered after an
attorney-client relationship has been expressly established with appropriate payment of consideration.
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