Long Beach, NY Immigration Law Firms & Lawyers

If she is not 245i eligible she will have to leave the country to apply for her green card. Upon leaving she will have a 10 year bar to returning, however, there is a waiver to that bar she may qualify for. You need to speak with and retain an immigration attorney.

No. Your husband cannot adjust status, simply because he does not have a status, and never had one. He could adjust status as your husband if he entered on a visa and later overstayed. But, as it is, if he files an adjustment of status application, it will be denied; and the US Immigration & Customs Enforcement (ICE) will arrest him and start removal proceedings against him. This might be the way to go - if you or your children have significant health or psychological problems. If that is the case, your husband might be able to ask the Immigration Court for cancellation of removal (which means, basically, that the Immigration Court would give him a green card to avoid inflicting "an exceptional and extremely unusual hardship" on you or on your child). Even with U.S. citizen wife or child who has severe health problems, there is no guarantee of success on this kind of application, and the risk of deportation is high. If you or your children have somewhat lesser health or psychological problems that would not be enough for cancellation of removal, they might provide grounds for a waiver of inadmissibility - for a permission to your husband to return to the U.S. after deportation, with a green card. To be sure if either one of these ways to legalize your husband is right for your family, you have to discuss all the details of the case with an experienced immigration attorney. Avoid *notario*s, "immigration consultants", and attorneys who do immigration cases between real estate closings: this is a serious matter that has to be handled by a specialist. Another possibility is to apply for a Deferred Action for Childhood Arrivals (DACA), often called DREAM Act. It is not, in fact, the DREAM Act, which would give people like your husband green cards and a path to U.S. citizenship - and which our Congress cannot pass for over a decade now. DACA is an executive enactment of President Obama which gives permission to work to people who were brought into the U.S. as children. If your husband can prove that he was in the U.S. before the age of 16, graduated from a high school, and does not have a criminal record, he can apply for DACA and receive an employment authorization card. With employment authorization card, he can get a real Social Security number and a driver's license. It will not make him a permanent resident, but it will make life a bit easier. Oh, and if he did not finish high school, he can take some classes and sit for the GED - that would qualify him for DACA, too. Again, if you think your husband can qualify for DACA, talk to an immigration attorney to make sure you are right about it. Quite a few non-profit organizations provide help with DACA applications for free or for a modest fee; look up on-line listings in your area.