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Immigration Issues/American and immigrant spouse


My have been married to an undocumented alien for almost 4 years, I was a widow with 3 children under the age of 3 when we married. Two of the three have serious medical problems requiring lot of attention. I was wanting to know if we are eligible to file for his green card without the 10 years order to stay in his country with a hardship. He has no criminal background in the us and I do not either.

Thank you

Hello Ashley:

It appears that your husband has no legal status in the United States. A few questions:

Did your husband enter the United States legally?
How long has he been living in the US?
What is your legal status in the US?
Are the children all US citizen?


Annick Koloko, Immigration Attorney

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Annick Tchokonte-Koloko


Ms. Koloko's practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Ms. Koloko is an experienced litigator who practices regularly in courts throughout the United States.


Ms. Koloko had litigated cases before the Immigration Courts as well as the Board of Immigration Appeals. Ms. Koloko also handled successfully numerous non-immigrant and immigrant applications before USCIS, as well as US Consular Posts.

AILA (American Immigration Lawyers Association) Admitted to practice in U.S. District Court, Western District of New York Admitted in New York

Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.

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