Question

[Livelyjo 15]

Hello,

My friend is in a bit of a jam. She was asking me since I'm doing hubby's paperwork, but im not sure.

She has been married for a year and her husband entered the US ilegally. What can she do to make him legal? She is a citizen.

Thank you!!!

[Hypnos 6,576]

She should file an I-130 and wait around a year for it to be approved. After approval, she should file an I-601A provisional waiver of his illegal presence, and once that was approved (hopefully within a few months) he would then interview at a US post in his native country seeking an immigrant visa.

Consulting with an experienced immigration attorney before filing would probably be a good idea, to make sure there are no other factors that would cause problems (such as multiple EWIs, for example).

Edited March 10, 2014 by Hypnos

[DarkKiss 45]

Hello,

My friend is in a bit of a jam. She was asking me since I'm doing hubby's paperwork, but im not sure.

She has been married for a year and her husband entered the US ilegally. What can she do to make him legal? She is a citizen.

Thank you!!!

You may want to visit Immigrate2US.net. That site has some great people who knows all the ins and outs of someone who entered the U.S. illegally and whether they will need a waiver to overcome overstays or whether they are not eligible for a waiver, whether they are banned for several years or lifetime bans., etc. It just depends on the circumstances.

You didn't indicate when he entered illegally , at what age he entered, if he has any attempted entries prior to finally getting here, how long he's been here, so it just depends on a lot of variables. As I said before, the IM2US site specializes in I-601 waivers which is probably what he will need, after filing the I-130 of course.

Just my personal opinion.

[Livelyjo 15]

Thank you guys! I will let her know.