Applying for green card for my husband. EWI

[Duggie85]

Hi everyone,
I have been married with my wife (U.S. citizen) for 5 years now, we have 2 beautiful daughters.
I have never been documented or never entered with any kind of legal document.
We want to apply for my green card which i know is the form I-130 and i have to file I-130A and also for my citizenship
How does the unlawful presence in the U.S. effect me.
I came into the U.S. when i was 2 yrs old brought over when my parents came to the U.S. (they are now permanent residents) and have never been back. I am 31 yrs old now.
I have been reading that I will be sent back to my native country and that the "unlawful presence in the U.S." will not allow me to enter back in the U.S. till after 10 yrs.
Am I able to avoid being sent back to my native country?
If so how do i apply for my green card.

[scientist2016]

Hi everyone,
I have been married with my wife (U.S. citizen) for 5 years now, we have 2 beautiful daughters.
I have never been documented or never entered with any kind of legal document.
We want to apply for my green card which i know is the form I-130 and i have to file I-130A and also for my citizenship
How does the unlawful presence in the U.S. effect me.
I came into the U.S. when i was 2 yrs old brought over when my parents came to the U.S. (they are now permanent residents) and have never been back. I am 31 yrs old now.
I have been reading that I will be sent back to my native country and that the "unlawful presence in the U.S." will not allow me to enter back in the U.S. till after 10 yrs.
Am I able to avoid being sent back to my native country?
If so how do i apply for my green card.

If you are eligible for DACA, you should apply. That will allow you to apply for AP, which in turn would allow you to leave and enter the country with inspection/parole. The only requirement for GC filing as spouse of US citizen is that they should have entered with inspection. You being out of status will not matter in that case. Whatever you do, do not leave the country now without exploring these options. If you leave, you will be triggering the ban, and will have to file a hardship waiver exemption and will be at the discretion/mercy of the consulate in your birth country.

[Duggie85]

If you are eligible for DACA, you should apply. That will allow you to apply for AP, which in turn would allow you to leave and enter the country with inspection/parole. The only requirement for GC filing as spouse of US citizen is that they should have entered with inspection. You being out of status will not matter in that case. Whatever you do, do not leave the country now without exploring these options. If you leave, you will be triggering the ban, and will have to file a hardship waiver exemption and will be at the discretion/mercy of the consulate in your birth country.

Yes i am a DACA recipient right now.
i thought advanced parole was not given any more.
and that i had to use form I-601A

[newacct]

Hi everyone,
I have been married with my wife (U.S. citizen) for 5 years now, we have 2 beautiful daughters.
I have never been documented or never entered with any kind of legal document.
We want to apply for my green card which i know is the form I-130 and i have to file I-130A and also for my citizenship
How does the unlawful presence in the U.S. effect me.
I came into the U.S. when i was 2 yrs old brought over when my parents came to the U.S. (they are now permanent residents) and have never been back. I am 31 yrs old now.
I have been reading that I will be sent back to my native country and that the "unlawful presence in the U.S." will not allow me to enter back in the U.S. till after 10 yrs.
Am I able to avoid being sent back to my native country?
If so how do i apply for my green card.

How did your parents get their green cards? Were you or your parents ever the beneficiary of a petition filed before 2001?

If you are eligible for DACA, you should apply. That will allow you to apply for AP, which in turn would allow you to leave and enter the country with inspection/parole. The only requirement for GC filing as spouse of US citizen is that they should have entered with inspection. You being out of status will not matter in that case. Whatever you do, do not leave the country now without exploring these options. If you leave, you will be triggering the ban, and will have to file a hardship waiver exemption and will be at the discretion/mercy of the consulate in your birth country.

They are not issuing APs for DACA since Sept 2017, so unless they already have an AP from before then that is still valid, this is not available. (Also, new DACA applications are not being accepted; renewals are temporarily being accepted due to an injunction but that may change any time.)

[Duggie85]

How did your parents get their green cards? Were you or your parents ever the beneficiary of a petition filed before 2001?



They are not issuing APs for DACA since Sept 2017, so unless they already have an AP from before then that is still valid, this is not available. (Also, new DACA applications are not being accepted; renewals are temporarily being accepted due to an injunction but that may change any time.)

My parents received their green cards through my sister(U.S. citizen) when she turned 21. by then i was over 18 yrs old.
we didn't have any AP at the time or any time.

[inadmissible]

I-601A is the way to go

[newacct]

My parents received their green cards through my sister(U.S. citizen) when she turned 21. by then i was over 18 yrs old.
we didn't have any AP at the time or any time.

Did your sister ever petition you? Did one of your parents ever petition you (after they became permanent residents)?

[Duggie85]

Did your sister ever petition you? Did one of your parents ever petition you (after they became permanent residents)?

no they have never petitioned me. not even my sister.

[newacct]

My parents received their green cards through my sister(U.S. citizen) when she turned 21. by then i was over 18 yrs old.
we didn't have any AP at the time or any time.

Did your sister petition your parents before 2001? If not, I am curious how they immigrated. They EWI'd, right? So they would generally not be eligible for AOS. Did they do Consular Processing abroad with a waiver? Or did they do AOS with 245(i)? But to be grandfathered under 245(i), they would need to be the beneficiary of a petition filed before 2001; who filed that petition?