Visalia, CA Immigration Law Firms & Lawyers

You can file an I-130 petition for him now. However, he will not be able to file for his Green Card until you become a U.S. Citizen. If you are eligible to file for Naturalization to become a U.S. Citizen it takes about six months to become a citizen. Once you are citizen it will take about 6 months for your husband to get his Green Card.

Waivers are interesting and complicated. It may be a waiver is needed, or the issue may be something more basic about entry to the U.S. I can't answer about the possibility to get one without meeting you and your brother. You should seek further help from an attorney who practices US immigration law.

Unless you were admitted and inspected (came in legally with a visa), were paroled in, or are protected under 245(i) you cannot apply for your Green Card (called adjusting status) in the U.S. Instead you would have to complete the process by going to a U.S. consulate in your home country and obtain an immigrant visa However, if you have been unlawfully present in the US for more than 180 days SINCE YOU TURNED 18 YEARS OLD you would be barred from returning for 3 years (the bar becomes 10 years if you stay for 1 year after turning 18). You should immediately speak to an attorney to see if you could avoid the bar by leaving before the 180th day or to see if you are eligible to adjust your status.