hello..I am a us citizen and i applied for my husband in the
beginning of 2002.. He entered illegally, that is the reason why
he has still not reveived his papers. i understand this part. the
part that i need an experts advice is the following. I am a stay at
home mom, we have an 18 month old and my husband is
supporting us.. since 2002.. i heard that if it will become a
burden to our family, under the law, my husband can stay here
and apply for residence? what do you suggest?
The way it works is that your husband is not eligible to get an interview here. If he wants to try and get a green card without the 245i law coming back, he must go to his home country and interview for the residence over there. They will make him file for a waiver of the 10 year bar for his illegal time here. If he can prove extreme hardship to you, he will be back in about 6-9 months after the interview. If not, he will be barred for 10 years. His other option is to stay here illegally until the law changes.