Legal Question in Immigration Law in California

I would need to know more information about what you mean when you say that he entered the country "illegally" when he was 13. Did he enter without any documentation or inspection at the border (EWI)? Are his parents or siblings or other relatives US Citizens, legal permanent residents, or did they ever apply for amnesty? Has anyone filed a petition for him? Has he ever been deported? Does he have any kind of criminal record? If he entered without any documentation and no one filed a petition for him in the past, then right now, there are no laws that help him obtain permanent residency status. However, the law may change soon. To be sure though, it is always helpful for him to be married to a US Citizen, especially since Congress is contemplating new laws now, but you should be wary that this is the right thing to do--ie, that this would be a "good faith" marriage because you love one another and intend on living together, etc. I'd be happy to assist you offline at [email protected] or call 415-387-1364.

Good Afternoon:

You can sponsor your husband for his green card if you are a Legal Permanent Resident or a US Citizen. The process may just take longer if you are only a permanent resident. However, if you sponsor him when you are a permanent resident, you can transfer your case to citizen category once you become a citizen later.

However, unless your husband has had a previous immigrant petition filed for him before April 30, 2001 and can show proof of physical presence in the U.S. on December 21, 2000, he may not be able to get his green card without leaving the U.S. A not of caution however, since he entered the U.S. illegally when he was 13, he is subject to a 10-year bar once he leaves the U.S. There may be additional issues if he has committed any crimes and/or if he has ever been deported or caught at the border.

We would need to review his specific information and documents more thoroughly in order to determine whether or not he may qualify to stay in the U.S. to get his green card.

To discuss your options further, kindly call me at 714 288 0574, or email me at [email protected]. We offer a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.