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Best option for USC married to illegal alien?

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  • Best option for USC married to illegal alien?

    I am a USC by birth. My husband entered the US 3 years ago with no legal visa. We met here a year ago,fell in love, and I got pregnant in March-'02. We were married on July-'02. Unfortunately I suffered a miscarriage soon after we were married. However, we still want to start a family here in the US. (We would not be able to financially support a family if we moved to his country-- I am supporting us now with my well-paying job). What would be the best plan of action to take to legalize my husband's status? Should I file I-130 now while he's here in the US? Should I file papers after we have a child? I'm at a loss-- please help!

  • #2
    I am a USC by birth. My husband entered the US 3 years ago with no legal visa. We met here a year ago,fell in love, and I got pregnant in March-'02. We were married on July-'02. Unfortunately I suffered a miscarriage soon after we were married. However, we still want to start a family here in the US. (We would not be able to financially support a family if we moved to his country-- I am supporting us now with my well-paying job). What would be the best plan of action to take to legalize my husband's status? Should I file I-130 now while he's here in the US? Should I file papers after we have a child? I'm at a loss-- please help!

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    • #3
      You need to see a GOOD immigration lawyer, since your husband entered USA uninspected (illegally) and this makes him inelligible to adjust status here (unless he entered on a visa and then overstayed?)...Unfortunately you are too late to use 245(i)now, it could be an option for you earlier... www.shusterman.com is a very good web site where you can find extensive information on immigration issues.
      Good luck!

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