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  • Don't even know where to begin....

    my husband and i have been married for 5 years.... and together for eight... when we were first dating i did not know about his status. well we went on a trip to mexico where he was detained on our way back... well needless to say he got back in to the US im not saying how... but now that we've been married for a while i was wondering where i start to try to get his papers... im tired of hiding out and being scared all of the time.... should we see a lawyer first, im afraid because of the time that he was detained at the border almost eight years ago.... advice please....

    thanks

  • #2
    Originally posted by tyjuan80506 View Post
    my husband and i have been married for 5 years.... and together for eight... when we were first dating i did not know about his status. well we went on a trip to mexico where he was detained on our way back... well needless to say he got back in to the US im not saying how... but now that we've been married for a while i was wondering where i start to try to get his papers... im tired of hiding out and being scared all of the time.... should we see a lawyer first, im afraid because of the time that he was detained at the border almost eight years ago.... advice please....

    thanks
    Unfortunately there is no way he can get his GC. Since he came to US illegally nothing would work for him. He may have to go back, complete his ban of 10 years and then you may apply for him.

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    • #3
      You are eligible to apply for him, since you are a us citizen and your marriage is bona fide. The forms you'll need are I-485 (adjustment of status), I-130(Petioning for Fiance/Spouse) and I-765 (Work Permit Aka EAD).Start by Finding a good lawyer. Makes the whole application process much easier. Best Of Luck

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      • #4
        Originally posted by Mercy2011 View Post
        You are eligible to apply for him, since you are a us citizen and your marriage is bona fide. The forms you'll need are I-485 (adjustment of status), I-130(Petioning for Fiance/Spouse) and I-765 (Work Permit Aka EAD).Start by Finding a good lawyer. Makes the whole application process much easier. Best Of Luck
        Mercy, please do your research before you ill advise someone. If you entered US illegally than there is no way to get legalized until and unless you are covered by 245i.
        Thank You!

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        • #5
          Daru,
          Yes, if she is a U.S citizen, and she files for him, he will not be deported. The ban will not apply if it is a spouse. I have two persons whom I am very close to who were in similar circumstances. One person came into the U.S as a child on a visitors visa and never became legal until he and his girlfriend got marrieda few years ago ( they had 2 kids before they got married, and he is presently serving in the national guard). With the other couple, the husband was smuggled into the U.S as a teen , so he had no documentation showning proof of entry. When they got married , the wife began the green card process immeditely. In either case the ten year ban did not apply. When one marries a U.S citizen the overstay etc is normally forgiven.

          I urge her to begin filing all the necessary paperwork for him now.

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          • #6
            Originally posted by tyjuan80506 View Post
            my husband and i have been married for 5 years.... and together for eight... when we were first dating i did not know about his status. well we went on a trip to mexico where he was detained on our way back... well needless to say he got back in to the US im not saying how... but now that we've been married for a while i was wondering where i start to try to get his papers... im tired of hiding out and being scared all of the time.... should we see a lawyer first, im afraid because of the time that he was detained at the border almost eight years ago.... advice please....

            thanks
            I agree with Mercy2001 and Butter! Yes it is possible to get benefits for your husband... Get a good lawyer because it is necessary in your case! Good luck!

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