Legal Question in Immigration Law in New York

Re: Interview for Illegal Aliens

Not sure what you mean by "illegal alien," but if your spouse is undocumented because he entered the U.S. without inspection, he indeed may have to go to his home country to apply for an immigrant visa and would not be eligible for adjustment of status here in the U.S. However, depending on his specific circumstances he may need to apply for a waiver, in particular, if he is subject to a 3/10 year ban or is otherwise inadmissible at the time he applies for an immigrant visa. Failure to apply for a waiver, if needed, would result in a denial of the visa. More importantly, once your husband is outside the U.S. and fails to obtain a visa or a waiver, the fact that he has family in America would not help. There is no automatic right of entry for aliens who do not otherwise qualify for a U.S. visa, short of some very limited circumstances.

Contact an immigration attorney for an evaluation of your husband's case before making any travel arrangements for him.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.