Legal Question in Immigration Law in Massachusetts
Do I Apply for a replacement or not?
I got married last december, I'm a permanent resident my husband isn't. His status is illegal here and i'm trying to apply for his papers. He lost his I-94 form and now I need to get it in order to fill out others forms. Since he's illegal, what should I do?
1 Answer from Attorneys
Re: Do I Apply for a replacement or not?
If your husband entered legally and you petition him, he will still have to go abroad for consular processing. Because you are a permanent resident and not USA citizen, you cannot cure his illegal status here. As such, if you sponsor him, he will ultimately have to leave to attend an interview in his country of origin. Further, if he has been here for more than six months without status, he faces a three year bar to reentry. IF he has been here for more than one year without status, he faces a ten year bar. A special waiver is required to overcome the illegal presence. To schedule a consultation, please email [email protected]
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