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  1. #1
    pmwife is offline Junior Member
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    Question U.S. citizen married illegal alien can we apply for green card?

    What is the name of your state? CA
    We have been married for 3 years. Should we apply for status adjustment while he is here and present or should he go back to Mexico and I stay here and apply for him? We don't have much money and cannot afford to make any mistakes. Please reply if you can thank you for your time.
  2. #2
    ImmigAttyLana is offline Senior Member
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    Yes, you should file for his adjustment of status while he is in the US IF he entered the US lawfully; otherwise, he is not eligible for adjustment of status.

    Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
    Thanks,
    Lana
    Immigration Attorney
    Admitted to practice in CA, AZ, IN and OH
  3. #3
    pmwife is offline Junior Member
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    Question my husband is illegal immigrant

    Dear Lana,

    Thank you for your swift reply, I appreciate the response. One question I have is all of our friends filed for their illegal husbands and all were approved the last one 2003. Are things tougher now because of the bills that passed this year? Is there anyway to make my husband legal here? I was told to try to wait out an amnesty law if one passed as our best chance, but it looks like that won't happen for quite a while. We wonder if we both move to Mexico can we apply for his visa to come back to U.S. with me sometime in future? We do not want to file here and have him deported for years, is it easier just to leave here and apply from Mexico?
  4. #4
    ImmigAttyLana is offline Senior Member
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    You are asking different questions rather than providing answers to the questions I posed. Did your husband enter the US lawfully? If yes, then you can petition for him and he'll get his green card in the US. If he entered the US unlawfully, then he is not eligible for adjustment of status under the current immigration laws. If you go to Mexico with him, he is likely to be stuck there for a period of 10 years before he can get a visa since he will trigger an automatic 10-year bar to reentry once he departs the US.
    Thanks,
    Lana
    Immigration Attorney
    Admitted to practice in CA, AZ, IN and OH
  5. #5
    pmwife is offline Junior Member
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    Unhappy yes, he entered unlawfully

    Thank you Lana for your reply. Yes my husband came here in the 90's unlawfully. He has been here ever since. Wow a 10 year bar is extreme! I can see that our best hope is going to be with a new president and hopefully a less strick law. This is very sad because he is a good man who pays his taxes and stays out of any kind of trouble. He wanted to be a firefighter and had other dreams as well. I can see that going to Mexico at this point would be a huge mistake and better to try to wait and stay out of trouble. Thank you very much for your reply, now I think we are just going to start adding to our savings so we can save the thousands of dollars it is going to take to have a chance to be legal. Thank you for your time and I am grateful to this website for clearing my eyes. Happy Thanksgiving!
  6. #6
    evcalyptos is offline Senior Member
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    Quote Originally Posted by pmwife View Post
    Thank you Lana for your reply. Yes my husband came here in the 90's unlawfully. He has been here ever since. Wow a 10 year bar is extreme! I can see that our best hope is going to be with a new president and hopefully a less strick law. This is very sad because he is a good man who pays his taxes and stays out of any kind of trouble. He wanted to be a firefighter and had other dreams as well. I can see that going to Mexico at this point would be a huge mistake and better to try to wait and stay out of trouble. Thank you very much for your reply, now I think we are just going to start adding to our savings so we can save the thousands of dollars it is going to take to have a chance to be legal. Thank you for your time and I am grateful to this website for clearing my eyes. Happy Thanksgiving!
    Going to Mexico would not be a huge mistake.. there is a way for you to overcome the illegal entry and presence. However, you need to learn about the process and how to accomplish it with the highest chance of success and the least amount of separation. I would not wait around in the US for some form of amnesty.

    There is a forum of people going through exactly what you need to do; a couple of lawyers help out there and it is -the- place to get info on EWI (entry without inspection), waivers and all the details you describe. Look them up in the I-601 forum of [url]www.immigrate2us.net[/url]
  7. #7
    mmperez07 is offline Junior Member
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    Unhappy My husband is currently here illegally what should i do?

    My husband entered the united states in 1992. His family entered illegally but was trying to fix their papers in 2000. The lawyer they were using decided to take their money and all their paperwork and run, never to be found again. During this time they did receive their mexican passports, those passports are now expired and they are now here with no legal documentation. What can we do to get this fixed?

    State: Idaho
    Last edited by mmperez07; 12-26-2007 at 11:36 AM. Reason: forgot to put the name of my state.
  8. #8
    SHORTY LONG is offline Senior Member
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    Quote Originally Posted by mmperez07 View Post
    My husband entered the united states in 1992. His family entered illegally but was trying to fix their papers in 2000. The lawyer they were using decided to take their money and all their paperwork and run, never to be found again. During this time they did receive their mexican passports, those passports are now expired and they are now here with no legal documentation. What can we do to get this fixed?

    State: Idaho
    For starters, repost your post as a new post, and not on someone else's as you have!
  9. #9
    ImmigAttyLana is offline Senior Member
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    If nothing was ever filed on their behalf while the 245i was in effect, there is nothing that can be done now, under the current immigration laws.
    Thanks,
    Lana
    Immigration Attorney
    Admitted to practice in CA, AZ, IN and OH

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