Legal Question in Immigration Law in North Carolina

Re: immigration process

Okay, let me see if I can respond to your basic issue which really is how does your husband obtain his residency. If he entered the U.S. without inspection, the only way he may obtain his residency via marriage to a U.S. citizen is if he returns to his country and consular processes. That requires that you file an I-130 petition on his behalf. When that is approved, the USCIS forwards the petition on to the National Visa Center which will send you a packet to start the process. Once the packet is completed, the NVC forwards the package on to the U.S. Embassy in his country and calls him for an interview. Since he has had some time of unlawful presence in the U.S., he will have to file a waiver to forgive that time, and include information on his family who will experience hardship if he does not return. The hardship must inure on his wife, children, or parents who are U.S. citizens, or lawful permanent residents. Now, the only exception to this requirement to consular process is this: if your husband ever had a petition or labor certification filed on his behalf prior to or by April 30, 2001, then he may be eligible to adjust his status here in the U.S. If you wish to consult about this, don't hesitate to contact my office. The best of luck to both of you!

Re: immigration process

The age old question rears its head again: what do you mean "illegal." If you mean he entered the U.S. without inspection, he is an EWI and he cannot adjust his status unless he qualifies for 245(i). If you mean he was previously ordered removed from the U.S. and has now entered the U.S. without permission and the appropriate waiver (the true illegality), he should consult with an attorney about an exit strategy immediately. If he is found in the U.S. after having been deported, he is subject to a federal criminal charge carrying a 2 year prison term.