What forms do I need to petition for my husband who entered to U.S. illegally?

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We have been together for 4 years and have a 6 month old daughter together. I want him to become a citizen because I can not live without him.

Attorney Answers

4
Nathan Bogart ·
Unfortunately, not even being married to a U.S. citizen and having a U.S. citizen child can save an individual who entered the United States without inspection from having to leave the United States and having to seek admission. This process is referred to as consular processing. In addition, as your husband has accrued more than one year of unlawful presence, he is likely going to become subject to a one year bar of inadmissibility during which he cannot accept any immigration benefits. There is a waiver available for this particular bar, but it will be necessary to show that you will suffer extreme hardship if forced to either (1) remain in the U.S. without your husband or (2) accompany him to his home country. Even so, the waiver can take up to a couple of years to process, and even then, there is no guarantee of success. The typical forms that will need to be used in this type of case are the I-130, I-864, DS-260 and the I-601 waiver. However, before taking any actions, I implore you to speak with an immigration attorney about your case. In the first consultation, give the attorney all of the details about your husband's case and be 100% ap front and honest about everything. Only then will he or she be able to give you an optimal evaluation of your case.
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Kyndra Mulder ·
More information is needed in order to answer your question. Whether your husband can adjust status will depend on how he entered the United States and a number of other factors. I suggest you consult with an immigration attorney in your area who practices in the area of family immigration.
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Javier G PinedaImmigration AttorneySanta Ana, CA ·
Assuming you are a US citizen, you may be able to file for your husband's legal residency. The starting point is to determine if your husband is eligible to process his case in the United States or not. Depending on his immigration history and that of his parent, he may or may not be protected by 245(i). If not, he cannot process his case in the US. Much more information is needed. Consult an experienced immigration attorney.
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C Abbott ·
He needs to speak with an experienced immigration attorney for a legal opinion. Relief, if any, that can assist him requests a complete review of his facts to enable an attorney to suggest options available under existing immigration law. good luck.
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