My husband and I are celebrating our 3 year marriage anniversary tomorrow. We are expecting our second child any day now. My husband came to this country illegally... is there anything we can do to guarantee that he won't be deported? I am scared all the time that my children will be left here without a father. I guess you can't help who you fall in love with. His status doesn't change the fact that he is a loving husband and a wonderful father.

Have him apply for a green card so he won't be here illegally and then apply for citizenship at the appropriate time. How is he able to hold a job if he is here illegally? If he has lied about his status to his employer and possibly is using another person's ID, he is going to be found out sooner or later and will be deported. You should have thought about this before you had the first child, let alone the second child. You and he just may be going back to his country to live if you don't take care of his status pronto.

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Originally Posted by hopeful729

My husband and i are celebrating our 3 year marriage anniversary tomorrow. We are expecting our second child any day now. my husband came to this country illegally...is there anything we can do to guarantee that he wont be deported? I am scared all the time that my children will be left here without a father. I guess you can't help who you fall in love with. His status doesn't change the fact that he is a loving husband and a wonderful father.

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I would consult with an Immigration Attorney - let him/her help you through this. I'd be afraid that any telephone calls or inquiries you make will only raise red flags and might cause you problems.

You will most certainly need to get an immigratoin attorney, it is also possible that he may have to first leave the county to enter under a legal status also.

Did he overstay the visa? Or did he enter US without inspection?

In either case, you might be eligible to file a petition for your husband. You need to meet the requirements:

* You are at least 18 years of age.

* You are employed and have income no less than 125% of poverty guidelines. Check for this sum at http://www.uscis.gov/files/form/I-864P.pdf ; and to prove this, you need to provide copy of tax return of 3 years. If your income does not meet the requirements, you can have other person to become joint sponsor.

* Collect all evidences of your relationship, joint bank account, insurance, lease with both your name on it, birth certificate of your child, etc.

If he overstayed the visa, it won't be that difficult but it could be complicated if your husband entered US without inspection and/or have criminal records in US.

Do not process this on your own or consult those 'notarios', you need experienced immigration lawyer. You husband should remain in US during this process. Leaving US could mean he triggers the 3 years/10 years bar, and will be unable to return to US.

Good luck.