West New York, NJ Immigration Law Firms & Lawyers

If you are a U.S. citizen you can marry him and file for him. However you will need two waivers of inadmissibility based on your hardship. I have been practicing for over 15 years. Our immigration law firm has been in the immigration field for more than 45 years. We have handled cases with experience, integrity, and good effect.

If you came illegally to the country, you would not be eligible for adjustment of status unless you also qualified for the benefits of §245 (i) in which under the most current version, you would have to have a labor certification application or immigrant visa petition filed on your behalf by April 30, 2001, and been physically present in the country on December 21, 2000. Otherwise the forms that you mention have no applicability to you except for the I-130 petition for alien relative which you say is already approved. Currently if your wife is a US citizen, you may be able to apply for the Administration's I- 601A provisional waiver program under which the 10 year bar for staying in the US illegally for at least a year is waived if you can demonstrate that a return to your home country permanently would cause extreme hardship to your spouse. If your spouse is a permanent resident, the I-601A program will expand to include her in the very near future. The beauty of the I-601A provisional waiver program is that you can make the application, stay in the US to see its result, and if approved, schedule an interview with the American consulate or embassy in your home country. The visa interview would in all likelihood be normal. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

The fact that your husband is on government assistance will make your change of status extremely difficult, since he will not qualify to sponsor you since he does not have enough income for the affidavit of support. You will need a joint or co-sponsor who qualifies financially under the guidelines for the affidavit of support. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.