To Andrew Dutton

What are the chances of filing an I-130 to sponsor undocumented husband without deportation? He has no crimminal record. Has been in the states for almost 4 years.

What are the chances of filing an I-130 to sponsor undocumented husband without deportation? He has no crimminal record. Has been in the states for almost 4 years.

[Andrew Dutton]

It all depends on whether he entered the country with or without inspection and also whether you are a US citizen. If he was admitted by an immigration officer, but subsequently overstayed, and you are a citizen, you should still be able to file for his adjustment of status application so that he can get his green card while remaining here. However, if he entered without inspection or your are not a citizen, things are going to be a lot more difficult. He may be forced to return home to obtain his green card and, as he has overstayed, he faces either a 3 or 10 year bar on his re-entry (depending upon how long he has overstayed).

[mohan]

There is one another way.
He can file cencellation of removal Or suspension of deportation ( yes, he has to be in removal proceedings first)If
he can prove his 10 years continuous presence and good moral, + extremely unusual hardship to USC.
OR
suspension of deportation if( before IRIIRA)
He can prove 7 years+ contonuous presence
good moral, and extreme hardship to USC/LPR.

He did not come in with inspection and I am a USC. He does not have any kind of visa. He is from Mexico. He went to high school for two years in the states and then returned to Mexico and re-entered again without inspection and has been here 4 years feb.2004.