Legal Question in Immigration Law in Utah
green card
I am a us citzen and my husband crossed over here illegaly and we want to apply for a green card but we are scared we he get the letter to go back to mexico he will get 10 years is that true
1 Answer from Attorneys
Re: green card
Okay, calm down. I am not exactly sure what you are asking but I will give it a shot. Your husband entered the country without inspection. In order for him to obtain his green card, generally, he would be required to enter through the U.S. Embassy. When he leaves, he automatically experiences a 10 year bar from returning if he has been in the U.S. for over 1 year without authorization. This is what happens in your case. You would file an I-130 petition on behalf of your husband. That petition presumably would be approved; the petition is forwarded to the National Visa Center which would send him a package where he lives in his country. He fills it out and returns it. Then he will get a second package with instructions as to what he needs for the interview. He or you will fill out an I-601 to waive (forgive) his unlawful presence. Depending on the country, and the person's criminal background, consular process can anywhere from 3 mths to a year or over. It is one of my specialties, but at least get a lawyer! Good luck.
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