I am a U.S. citizen who is married to a man who came to the United States 10 years ago by walking through the Texas border without inspection. We have two children together and we are financially dependent on him. Can my husband get a Green Card even though he entered this country illegally?
This is a common question that requires us to evaluate each individual circumstances of your family. Under current law, your husband may be able to get a Green Card, even though he entered the U.S. illegally ten years ago. This process is called the Provisional Waiver application.
Generally , a person who entered the U.S. illegally or overstayed on their visas cannot apply for Green Card in the U.S. through the process called “adjustment of status”.
In the past, such person had to go back to her home country and apply for I-601 Waiver of ground of inadmissibility. Not only this process could take a long time, but also that if the wavier was denied, she would not be allowed to re-enter the U.S. for the next three to ten years.
However, there is good news. Since March of 2013, she can apply for the I-601A Provisional Waiver before she leaves the United States. If the application is approved, then she can be fairly certain that the consular officer will approve the immigrant visa and she will be allowed to reenter the U.S. as a permanent resident.
Now, you would need to prove that your U.S. citizen or permanent resident spouse will suffer extreme hardship if you are not granted the waiver. Such work is very evidence extensive, so we advise you to seek help from an attorney.
Also, understand that this I-601A application only waives unlawful presence. If you suspect that you have other grounds of inadmissibility, such as a fraud conviction or criminal records, then this would be a good time to talk to an attorney.
Call our office at immigration law.to determine the best course of action and if your have any questions on