How do you or is it possible to get legal status for spouses of us citizens who are illegal?
Answer:
It will depend on if the spouse entered the country legally (documented with a visa) or if they crossed into this country without inspection and documentation.
If it is a simple over-stay of their visa, then all they will have to do is file petitions for the l-130, l-485 and l-765. The l-130 is for approval to be within the country, the l-485 is for perm adjustment of status, and the l-765 is for the work permit. if these are approved your home free...
Now here is where it gets sticky...if the spouse entered the country illegally without visa or inspection, the process can be a real pain...and in many cases may not allow legal status...if they entered illegally without visa or inspection, a petition for the l130 will have to be filed. it WILL be denied due to the entering of the country illegally...once denied, you will then have to file a l-601 Application for Waiver of Ground of Excludability otherwise known as a hardship waiver. while this is all going on however the spouse needs to be in his country of ORIGIN..the l-601 will be processed thru that embassy in the country the spouse is from and they need to be there. you will have to write a "hardship letter" to descibe the nature of the hardship...seeing that children are involved, it will be a much better chance of approval providing no crime was committed here in the US. once the l601 is approved, the spouse may enter the US and then finish processing for legal permenant resident. This can take a long time to do...approx 1 to 2 years depending on the country of origin of the spouse. I hope this answers your question. I work in an attorneys office. but much info can be found at www.uscis.gov and www.visapro.com. keep in mind the l-601 will require that the SPOUSE will have to leave the country. those are your choices. Good luck!
Yes. The spouse has to file an application for legal residency with your next immigration and naturalization office. Don't worry, if you are married and never worked here will you not be in trouble, and if you did work, don't tell them, because then they send you home for sure.
They need to leave and begin the process legally, and they need to show status in their country and show residency there and then they can begin the process, take the children with ;you or leave them with "legal" guardians,,,
Is a little more complicated than that... If your spouse entered legally and overstayed (stayed after the granted period) it is possible to get a residence for the person; the person has to adjust his or her status. BUT IF the person entered the USA illegally without being admitted, inspected or parole, then it wont be possible to adjust status; specially if the person entered after December 20, 2000 and a petition has been never filed on his/her name. Whoever enters illegally can not adjust status.
If the person entered illegally to the US, but has been here for more than 10 years, is married to a US citizen, has children that are US citizens, and can demonstrate that deportation will cause extreme hardship to the family, IF detained by the Immigration Service can apply for Cancellation of Removal before an Immigration Judge and adjust his/her status.
Another thing petition prices a triplicating on July 30,2007 so if the person has a chance to adjust before that date would be cheaper.
The Immigration information post by website user , MyTend.com not guarantee correctness.
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