Q&A: How can we start filing for my husbands citizenshp?(7/22/11)


Question: My husband has been in the US for almost 10 years. He is only 25 years old. We met 8 years ago and were married 3 years ago. We have a 6 year old daughter and one on the way. He has no record of criminal activities and has never been arrested. We really want to get this process going. I’m not sure what our chances are or what forms we need to fill out to start. We filed a Freedom of Information Act. They replied that nothing was found about/for him. What should we do now? Please help! 

Answer:  It is unclear if you are US citizen.  If you are and if he entered the US legally, you can file I-130 and he can file I-485 to adjust status.  If he entered the US illegally, unless he is protected by 245i, he cannot adjust status.  He may be eligible for cancellation (needs 10 years residence in the US and other very difficult requirements).  Please consult with immigration lawyer for his options.