Legal Question in Immigration Law in California

Re: I am merried to an illegal alien, but legaly separated not divorced, can i s

You need to supply more information. First, you didn't say if you're a US citizen or a permanent resident (green card only). If only a resident, then you can file a petition for your husband but it's going to take years and years before he could be legal. Second, you didn't say if he entered this country illegally. If he did, even if you're a citizen and apply for him, right now, the law is that he would have to go back to his country to get his papers and probably will not be allowed to come back to the U.S. for 10 years.

Even if the two questions above are answered favorably, the fact that you reconcile and living together again is great, but you would have to convince the INS that you're really back as a family before your husband could be approved.

The first lawyer's reply you received does not make a lot of sense since as long as you're not divorced yet, you can still file a petition for your husband. The second lawyer's reply seems to miss the mark since you're not trying to marry somebody else as he seems to think.

Liem Doan, Esq.

Re: I am merried to an illegal alien, but legaly separated not divorced, can i s

More information is needed. . . if you've been married for 2 1/2 years why haven't you already applied for a green card for your husband. Also what is your status. Finally when did he enter the country.

Re: I am merried to an illegal alien, but legaly separated not divorced, can i s

If you got back together, then before applying you should go to family court and file a motion to set aside the legal separation and restore your marital status. Once that is done, the issue will be foreclosed and you may proceed with your husband's application.

I highly recommend you to hire an attorney to handle these things as any mistake in the process can be very costly. Good luck.

Re: I am merried to an illegal alien, but legaly separated not divorced, can i s

You are not supposed to but just to help you out...you can file a petition for him...remember you need to appear with him at the time of interview.

Re: I am merried to an illegal alien, but legaly separated not divorced, can i s

Before you can marry anyone, it is imperative that your previous marriage is completely dissoleved. Furthermore, before marrying anyone else, you need to wait another 6 months after the dissolution is finalized.

If you have any further questions, please do not hesistate to call. I assure you that you will get more out of a telephone consult, and more likely, better answers and advise to your specific problem. Responding to such posts is very limited, because certain details are left out and there are follow up questions that need to be answered.

Our lawfirm handles immigration and family matters, do not hesitate to ask for Michael or Khachik (213) 384-2220