If I am aUS citizen and want to file a petition for my husband as he entered illegally, with the new law can we file the petition now or wait until it comes in effect?

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If I am aUS citizen and want to file a petition for my husband as he entered illegally, with the new law can we file the petition now or wait until it comes in effect?

Asked on February 24, 2012 under Immigration Law, North Carolina

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

THere is no new law that would permit you to do that.  YOu can petition for him but he would not be eligible for adjustment of status within the US.  He would have to go back to his home country but departing the US would cause him to trigger a 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.


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