How Do I File for Residency for My Undocumented Husband in the USA?

Question from Si, How Do I File for Residency for My Undocumented Husband in the USA?

Answer from AI:

The process of filing for residency for an undocumented spouse in the United States involves several steps and can be complex. It’s important to understand that this is a general guide and not legal advice. For personalized advice, you should consult with an immigration attorney.

Step 1: Establishing Eligibility

The first step is to establish that you, as the sponsoring spouse, are eligible to petition for your husband. You must be a U.S. citizen or a lawful permanent resident.

Step 2: Filing an Immigrant Petition

Next, you will need to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the familial relationship between you and your husband.

Step 3: Adjustment of Status or Consular Processing

If your husband entered the U.S. legally and then overstayed his visa, he may be eligible to adjust his status to lawful permanent resident without leaving the U.S. This involves filing Form I-485, Application to Register Permanent Residence or Adjust Status.

If your husband entered the U.S. without inspection, he may need to leave the U.S. and go through consular processing in his home country. However, leaving the U.S. could trigger a bar to reentry, depending on how long he was in the U.S. unlawfully.

Step 4: Affidavit of Support

As the sponsoring spouse, you will also need to submit Form I-864, Affidavit of Support. This form shows that you have enough income and/or assets to support your husband at 125% of the U.S. poverty guidelines.

Step 5: Attending the Interview and Awaiting a Decision

Your husband will need to attend an interview at a USCIS office or U.S. consulate. After the interview, you will need to wait for a decision on your husband’s application.

Note: If your husband has been in the U.S. unlawfully for more than 180 days, he may be subject to a 3- or 10-year bar to reentry if he leaves the U.S. There are waivers available for these bars, but they require showing that the refusal of admission would result in extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent.

This process can be complex and the consequences of mistakes can be serious. Therefore, it’s recommended that you consult with an immigration attorney. You can find more information on the USCIS website, which provides detailed instructions on how to file these forms.

• Form I-130, Petition for Alien Relative
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form I-864, Affidavit of Support