Legal Question in Immigration Law in New York

US citizen married to illegal alien

My husband came to the U.S. 3 years ago with no legal visa. I

am U.S, citizen by birth. Is there any chance that I can petition for

legal status for him? We are planning to start our family here in the

U.S.


Asked on 11/23/02, 11:21 am

1 Answer from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: US citizen married to illegal alien

Unless 245i is miraculously reinstated by Congress, there is no way your husband can obtain legal status in the US. If he leaves the US to obtain an immigrant visa at the American Consulate abroad, he is barred from returning to the US for 10 years because he has been in the US illegally for more than one year, unless he obtains a waiver first, based upon extreme hardship to you. There is no guarantee that the waiver will be granted. And he can't file for it before he leaves.

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Answered on 11/23/02, 4:00 pm


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