Immigration Issues/family immigration

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Question
my husband entered the u.s. illegally.  we have a child together.  where do we begin to get him his green card?

Answer
Unless something was filed prior to April 30, 2001 for your husband to obtain a green card, you can't.  Illegal entry prevents adjustment of status.  To receive a green card, your husband would need to leave the US and apply at a consulate.  The problem is that if he spent more than 180 days illegally in the US, he will not be permitted to reenter for 3 years.  If he spent more than 365 days illegally in the US, the mandatory bar to reentry increases to 10 years.  

There may be waivers available to you and there also may be circumstances that would permit his adjustment without leaving the US but that analysis is far too complex for me to do via the internet.  It would require a formal consultation.

Immigration Issues

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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

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