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Married to USC;Illegal Entry

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  • Married to USC;Illegal Entry

    I married someone who entered the US illegally. I am a USC. I will be filing petition papers for him. What are the consequences for entering illegally? Can he stay in US awaiting papers? Can he get work permit?

  • #2
    I married someone who entered the US illegally. I am a USC. I will be filing petition papers for him. What are the consequences for entering illegally? Can he stay in US awaiting papers? Can he get work permit?

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    • #3
      Sandra, I am in your same situation. I wrote earlier the answer to all your questions to someone on the board that has the same problem too. If you will scoll down on the board and find the post with the title I married illegal all the answers to your questions will be posted there. Good luck!!!!

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      • #4
        I am in the same situation. You will have to file a petition I-130. When that gets approved, your husband will have to go to the consulate in his home country to apply for his green card. The catch is, once he leaves US soil, he will trigger a bar of 3 or 10 years, depending on how long he was present in the US illegally. That means he will not be able to return for that amount of time. You will then need to file for a waiver of that bar, proving that it would be extreme hardship for you to move to your husband's country or live apart from him.
        However, some people are optimistic that new legistation, such as a new 245i, or something else, will be passed before the next election. The 245i would allow illegals with USC relatives to adjust status to legal resident without having to leave the country, and thus without having to trigger the 3 or 10 year bar. The person would have to pay a penalty fee of $1,000.00. There are other bills proposed that could also help your husband if they go through. They all have different requirements. Whatever happens, you can be sure it will be a long, frustrating journey. Good luck.

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