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    dcadena's Avatar
    dcadena Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Aug 10, 2010, 08:21 PM
    My husband is from mexico came to us illegal how do I file for his papers
    My husband came to the us from mexico illegal but we are wanting to get his citizenship but I don't know how to do. Can you help?
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
    		  
    #2

    Aug 12, 2010, 12:19 AM

    If he illegally entered US, you need an experienced immigration attorney.
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
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    #3

    Aug 12, 2010, 06:27 AM
    Quote Originally Posted by dcadena View Post
    my husband came to the us from mexico illegal but we are wanting to get his citizenship but i dont know how to do. Can you help?
    It will depend on several things. 1. manner of entry, 2. any filings to make him eligible for section 245(I) and 3. any previous immigration or criminal violations.

    How did he enter the US? False documents or EWI?

    If false documents, it will depend on exact nature of the misrepresentation and whether you can prove up extreme hardship to you as the USC spouse or any USC children.

    If EWI, did he file a labor certification of any preference petition before April 30, 2001?

    Even if he is not eligible to adjust status in the US, he can generally file for the immigrant visa and waiver at his home consulate. Not a good choice, but it does work.

    Get this information and consult with an experienced immigration attorney. Good luck.
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