Legal Question in Immigration Law in Virginia

Filing I- 130

I have the same case..but in mine..my husband came 4 years ago through the border.We got married a year and 5 months ago. I understand he is ilegal and that by me filing a petition for him..and him still living here is an automatic denial. But what do i have to do in order for him to come back here legally??


Asked on 8/16/07, 2:04 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Filing I- 130

Have your husband return to his home country and when you get your naturalization as a U.S. citizen, you can immediately file your I-130 petition in his behalf. (If you're already a citizen, you would be able to petition immediately upon his return.) Apparently, the way things stand now with your husband, he is here illegally, and if the USCIS discovers that he's had that particular status for more than 180 days, your husband could be automatically barred from the U.S. for

10 years. Needless, to say, that's hardly worth the risk of continuing with your situation as it apparently now is.

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Answered on 8/16/07, 3:18 pm


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