Legal Question in Immigration Law in New Jersey

Hi I am a us citizen and I have been married for 5 years my husband is an illegal and we have a 4 year old daughter and another girl on the way. We wanted to know if he has a possibility of getting a green card without getting punished. He is the one that takes care of us I don't work because I have a prosthetic leg which all though doesn't make it impossible to work it does make it harder and more dangerous for me.


Asked on 5/22/14, 3:13 pm

3 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Unfortunately, if your husband did not have a lawful entry, & is not the beneficiary of an immigration benefit that may have been filed on his behalf, prior to April 2001, then he will not be able to get a "greencard" in the United States.

Assuming he has no criminal history, you can file an I-130 petition for him & a provisional waiver. If both are approved, he would have to leave the country for an interview at the U.S. Consulate in his home country. If the immigrant visa is denied at the U.S. Consulate, then he will not be able to come back. If he is approved, then he can return to the U.S. after the interview.

If you choose to file on his behalf, I highly recommend that you hire an experienced (licensed) immigration attorney (not a paralegal or "notario").

Good luck!

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Answered on 5/22/14, 3:37 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Hey please call me at (212) 968-8600 or toll-free at (800) 750-1828. Regards, RDM

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Answered on 5/22/14, 3:37 pm
Ana Yngelmo YNGELMO LAW

Marlene's analysis is spot-on. If you wish to discuss your case in more detail, I provide free consultations. You can reach me at (973) 856-6240.

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Answered on 5/28/14, 6:58 am


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