Legal Question in Immigration Law in California

Re: Help, I married an illegal alien!

If your husband has entered the US legally..and you are a US Citizen...then he can adjust here and get his green card without leaving the US.

There are many forms to be filled out...I-130, G-325a for both of you, I-485, I -864. He can also apply for work authorization at the same time. You have to produce...your last three years tax returns, etc. Those tax returns need to be 125% of the poverty guidelines..or else you would need co-sponsor.

Please note, one of the attorney had given you wrong advise...he mentioned about April 30, 2001..that is not applicable here if you are a US Citizen. But, if your husband has entered illegally..after approval of I-130...he needs to go back to his home country and apply for waiver and sit around there till the waiver gets approved.

Re: Help, I married an illegal alien!

Greetings,

I am a paralegal working for Christopher Brainard.

In order to answer your question I need more information about the status of your husband, like how did he enter the country.

We can help you to fill out the forms necessary to get your husband a greencard.

Please feel free to contact us at 310.266.4115

Re: Help, I married an illegal alien!

It would depend on how he initially entered, with or without inspection. If without inspection, it would complicate matters as he would have to leave the United States and apply for a waiver to the his grounds of inadmissibility. He could be outside of the United States for a long time. If he was inspected and then overstayed his authorized time, then the marriage will cure his time out of status.

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Re: Help, I married an illegal alien!

The answer to your question depends upon whether your husband made a qualifying filing with the CIS or the DOL (or its designee) prior to April 30th, 2001. If you would like to discuss the matter further, please feel free to contact our office at 201-236-9998.

Re: Help, I married an illegal alien!

I suggest you make an appointment with a qualified attorney practicing in the field of immigration law for thorough evaluation of your case. Proceeding without competent legal advice in these situation can be extremely detrimental.