Legal Question in Immigration Law in Minnesota

I am a us citizen and I submitted an application for my husband he came to the us illegal 12 years ago ...I want to know if he has to go back to his county


Asked on 3/30/14, 9:05 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If a person entered the U.S. illegally (without a visa or visa waiver) & did not file for any type of immigration benefit (I-130, I-140, labor certification,etc) prior to 2001, then he is not eligible to adjust status in the United States.

As the Petitioner, you will need to file a Provisional Unlawful Presence Waiver first. If approved, your foreign spouse will still need to apply for his immigrant visa at the U.S. Consulate in his home country.

I highly recommend that you seek representation/assistance from an experienced Immigration Attorney with your case.

Read more
Answered on 3/30/14, 9:28 pm


Related Questions & Answers

More Immigration Law questions and answers in Minnesota