How do I seek citizenship for my husband?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do I seek citizenship for my husband?

My husband was single at the time and he signed a voluntary deportment. He left
the US and came back illegally, but is now legally married to a US Citizen. I
have been told by many lawyers, that he will have to leave the US for 10 years in
order for me to apply for his papers. We have 4 children and have been married
for over 7 years. How do I help him obtain his citizenship or can he no longer
obtain his citizenship?

Asked on October 6, 2017 under Immigration Law, Texas

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The information you obtained is correct in that if he entered the US unlawfully, even if he is now legally married to a US citizen, under the current immigration laws, he is not eligible to legalize his status within the US but would have to depart the US and apply for an immigrant visa at the US EMbassy abroad.  However, due to the unlawful entry and the long stay in that status in the US, as soon as he departs the US, he would trigger an automatic 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen child or spouse.  If you have basis for filing such a waiver I would strongly suggest that you contact an immigration attorney to do that first and only if granted the waiver then it would be safe for him to leave the US to apply for an immigrant visa.  Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption