Legal Question in Immigration Law in California

Re: getting my papers

There are several issues to consider. First is whether your husband entered the U.S. legally (in other words, did he enter with a visa and was issued a Form I-94, then overstayed). Second is whether he ever represented that he was a United States citizen.

Generally, if someone enters the U.S. lawfully, he or she may be able to apply for a green card based on a marriage to a U.S. citizen. He or she will not need to leave the U.S., and the unauthorized employment will not make him ineligible for a green card.

If he did not enter lawfully, he will need to go through the process of leaving the United States, applying for an immigrant visa and a waiver.

Before taking any steps, it is advisable that you consult an immigration attorney. If you would like to schedule a free consultation, please feel free to contact me.

Re: getting my papers

If entered the U.S. illegally, then he'll likely have to leave the U.S. eventually to apply for his permanent residence in conjunction with a waiver application (unless he qualifies under 245(i)).

It's probably best to speak with an immigration attorney to discuss your options.