Legal Question in Immigration Law in California

Re: Marriage

Congratulations on your marriage. If you just got married, and your husband entered without inspection, you may not be able to petition for him. In this case, he probably should return to his home country and you can apply for a K3 visa. When he tries to enter, he may also need a waiver.

If he entered the U.S. without a visa pursuant to the visa waiver program, you may petition for him. However, if he is here on a visa waiver, he may be subject to summary removal at some point for violating the terms of the visa waiver. However, many who have initially entered on a visa waiver have successfully petitioned. Unfortunately, he would not be able to travel until after his adjustment of status application is approved.

This is just a rough summary of your options based on the information you have provided. I suggest that you schedule a consultation with an attorney to discuss in greater detail your best options. Please feel free to contact me for further information.

Re: Marriage

If he entered illegally, there is nothing that can be done, other than wait for a new law. If he came under Visa Waiver, then you can petition for him.

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Re: Marriage

You can apply for your husband by filing spousal petition...when it is approved...since he entered illegaly he needs to go for consular processing in his country at the time of adjustment...but he will be eligible for waiver as being married to US citizen. Additionally, if 245 (i) comes back he can adjust in the USA.

Re: Marriage

If your husband entered illegally, you could petition for him, but he would have to travel back to the US consulate in his home country to do the interview and approval. However, if he's been here illegally for more than 6 months, then he'll need a hardship waiver before the case can be approved. The waiver has to be professionally prepared to even have a chance, and if it fails, your husband won't be permitted to return to the US.

A possible scenario is if your husband was previously petitioned by a close relative before you AND before April 30, 2001, then he might be able to get his green card here without having to leave.

If he entered on the visa waiver program, he can get his papers here with no problem.

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.