Legal Question in Immigration Law in Colorado

Greencard by marriage to a U.S. Citizen

I am a U.S. and in July it will be a year I have been married to my husband. My husband entered the U.S. illegally about 10 years ago. My sister-in-law did file a petition for him but it was back in August of 2001(too late for the 245(i) deadline. I want him to be able to stay in th U.S. while undergoing the process of a petition. I spoke with a lawyer and he explained that my husband only has the option of ''Cancellation of Removal.'' I am just scared they may deport him if I proceed with this process. What rights does my husband have if any being in the U.S. and being married to me? What is the best thing to do so he can obtain a greencard? Is there any way he can go with me to Mexico and return with me legally? Please help me! Thank you for your time.


Asked on 6/22/04, 10:52 am

2 Answers from Attorneys
Eric Fisher Law Office of Eric A. Fisher. LLC

Re: Greencard by marriage to a U.S. Citizen

If your husband is not eligible for 245i and he entered the US without inspection, he must either return to Mexico and wait for his "greencard" there or subject himself to the immigration court and seek Cancellation of Removal. Marraige to a US citizen is not an automatic cure to illegal presence.

Because the law is so complex, you should discuss your situation in detail with an immigration attorney. All options cannot be adequately reviewed via email.

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Answered on 6/22/04, 12:26 pm
Antonio Maldonado Maldonado Myers LLP

Re: Greencard by marriage to a U.S. Citizen

You could seek an Immigrant Visa with a 601 waiver for the unlawful presence/10 year bar. Your husband would only have to leave when his visa interview is due. Meanwhile he would still be illegally in the US. The whole process may take up to a year.

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Answered on 6/22/04, 1:52 pm


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