My husband came to the United States illegally. We have been married for almost six years and have two children. He has never been deported or arrested, and has no sort of criminal background. We sought out advice from a lawyer but he informed us that we need a sponser. The income requirements for a sponser are so tough that we are having a difficult time finding someone to do it. Any advice?
Answer:
Sorry to say that you got bad advice from the other lawyer. While that lawyer is correct in that to do an adjustment of status you would need a joint sponsor for the affidavit of support, but since your husband entered the country illegally, he is not entitled to adjust status in the US. In order to get a Green Card, he would have to return to his home country where you can petition him and for him to be processed at his local consullate or embassy. However, as soon as he crosses the border, he will incur the 10 year bar to re-entry, which can only be set aside with a special waiver. You should consult a competent immigration attorney for further details.
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If my remarks seem in any way uncertain, it is due to the fact that the post had too few facts to advise completely. With the correct amount of facts, I am very definite in what the options are for the client.
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