You are here:

Immigration Issues/Marriage to an Illegal Immigrant

Advertisement


Question
Hi, I recently got married to a person with an overstay of exactly one year. He entered the counrty legally. We both are from Easter Europe. Right now I am a permanent resident, and will apply for citizenship next year (but I am eligible now). I know there is a bar for 10 years for him overstaying for a year and more, I also know that we can file a waiver for that. Also, there is a possibility of a child in the next year or so. My questions are:

1. Should I wait to get my citizenship first before filing his papers or it does not matter?

2. Will he be allowed to stay in America while his papers are being reviewed and is his interview going be in US as well? We want to avoid him having to go back to his country at all.

3. How fast can he get a work permit?

4. Are we supposed to file the I-130 form or the I-485? or both?

5. What are the chances of him being deported or sent back while we are taking care of his papers?

6. How does a child affect this process and his papers?

Please help.

Thank you,

Anna


Answer
Q1. Should I wait to get my citizenship first before filing his papers or it does not matter?

A1.  I would probably suggest that you wait until you at least file for citizenship.  I would also suggest that you file ASAP since your husband could be taken into custody and removed at any time.  Although this is unlikely, it is possible.

Q2. Will he be allowed to stay in America while his papers are being reviewed and is his interview going be in US as well? We want to avoid him having to go back to his country at all.

A2.  If you file as a US Citizen, the illegal presence should not present a problem as long as he entered legally.

Q3. How fast can he get a work permit?

A3.  Probably about 4 months after the I-485 and I-765 are filed.

Q4. Are we supposed to file the I-130 form or the I-485? or both?

A4.  You can file concurrently when you are a US citizen but you will need to wait to file your I-485 if you are not a citizen when you file the I-130.

Q5. What are the chances of him being deported or sent back while we are taking care of his papers?

A5.  Probably pretty low at this point.  Filing prior to you getting citizenship increases the risk in my opinion.

Q6. How does a child affect this process and his papers?

A6.  A child really has no effect except to give additional equities in the event that your husband is put into removal proceedings or is actually removed and needs a waiver..

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


James D. Mills, Esq.

Expertise

I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.

Experience

I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

Organizations
American Immigration Lawyer's Association.

Education/Credentials
Juris Doctorate, Rutgers School of Law- Camden, 1997

©2016 About.com. All rights reserved.