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Thread: Need some positive advice

  1. #1
    My new husband and I knew each other for 5 yrs. We dated for about 7 mths and got married a month ago. He is illegal. He has been in this country for almost 14 yrs. I have been doing alot of reading and am at a loss. On site says we need to file this form and then that and others say he can never be legal. He could care less if he is or not. After 14 yrs it makes no difference to him. But I am pregnant (2mths) and I want my child's father legal. What do I do first?

  2. #2
    My new husband and I knew each other for 5 yrs. We dated for about 7 mths and got married a month ago. He is illegal. He has been in this country for almost 14 yrs. I have been doing alot of reading and am at a loss. On site says we need to file this form and then that and others say he can never be legal. He could care less if he is or not. After 14 yrs it makes no difference to him. But I am pregnant (2mths) and I want my child's father legal. What do I do first?

  3. #3
    Did he enter the US legally 14 years ago?

  4. #4
    No he actually swam across the river and did alot of walking

  5. #5
    If that is the case (and he is not grandfathered by a pre April 2001 petition or labor cert) he will need a waiver. Spouse and Glubhirne are the resident experts here.

  6. #6
    Unless he has a petition that was filed prior to 4/30/01 your husband cannot get a green card in this country. He will have to go home. If he does, he will be subject to the 10 year bar for living here illegally.

  7. #7
    don't they have some sort of waiver for people who've been here for 10 years or more and have always stayed in good character?

  8. #8
    ther is one way to get him legalize in this country. he can qualify for cencellation of removal , suspension of deportation in his case under IMMACT 90, but here is the catch.. he has to be in deportation proceeding to get suspension. the risk involved is ,if he is not granted suspension then he has to go back. Explore yourself with a good attorney.
    Its a discussion, not a legal advise..

  9. #9
    There is a small chance that he could be grandfathered in by a clause in the pre-1996 immigration laws, but I am not sure, and am not very familiar with those laws.

    Under current law, you would need to file the I-130, and then he would have to leave the country, apply for a visa, be denied, and then file the I-601, if approved he could then reapply for the visa and come to the USA as a permanent resident.

    Gluhbirne is going through a similar situation (husband entered without inspection) and I have already gone through the I-601 process, so perhaps we could help you.

    Come and see www.immigrate2us.net

  10. #10
    There is no way I am going to live in one country with two children and a baby on the way and my husband be in another country.

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