Legal Question in Immigration Law in Ohio
papers
me and my husband have been together for 3 years dating and 2 years married how long would it take us and how much he came here with papers but they are expired now. we have no kids together but i have one he claims to be his we want a family but we are waiting to get this settled cause he doesnt want to start anything here if he gets sent any
3 Answers from Attorneys
Re: papers
A U.S. citizen can petition Immigration for a spouse to become a permanent resident.
Re: papers
If you are a U.S. citizen and your husband entered the U.S. legally (i.e., inspected by an immigration officer at the time of entry), then he can gain permanent residency through you. It does not matter that he overstayed his I-94 document or that his other documents has expired. On the other hand, if he entered the U.S. by sneaking across the border, then there is nothing that you can do to make him legal.
Harold L. Hom
Re: papers
If he came to USA with a visa, then even though he is "out of status" now, you can still petition for him and he can obtain a green card (assuming that he is not "inadmissible": no serious criminal convictions, etc).
The forms and instructions are at www.uscis.gov website. If you decide to hire an attorney, a lawyer can prepare all paperwork (applications) and advise you what documentation has to be submitted to Immigration as supporting documents. The filing governmental fee would be $1,365.
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