Legal Question in Immigration Law in New York

Hello.

My husband is from Paraguay. We were married in NYC in February 2007, but separated since September 2012. We have two children together. I am starting the process of filing for divorce. Will it be possible, even if we are divorced, to sponsor him for a green card? He did not enter the USA legally.

Thank you for your assistance.


Asked on 5/17/15, 2:27 pm

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

No, you must be married in order to be able to petition him. Furthermore, since he entered illegally, the case would be far more complicated, even if you remained married. You would have to file a Provisional Waiver, and, if approved, he would still need to leave the United States for an immigrant visa interview at the U.S. Consulate in his country of nationality.

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Answered on 5/18/15, 11:01 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (800) 750-1828 to discuss your case and matters. Kind regards, RDM

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Answered on 5/21/15, 12:32 am


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