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    mamasita20's Avatar
    mamasita20 Posts: 1, Reputation: 1
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    #1

    Sep 1, 2010, 05:03 PM
    Ask a immagration lawer a qustion for free
    I am a us citizan married to a illagai immagrent and have two kids with him we been married for a year how can I help him get his green card
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Sep 1, 2010, 05:23 PM

    You apply... but usually they have to leave the country before the application will be considered.
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
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    #3

    Sep 1, 2010, 05:27 PM

    Getting him permanent residence either in the US or an immigrant visa at his home consulate depends on several specific facts.

    1. what country is he from
    2. when did he enter the US
    3. how did he enter the US (visa, EWI, PC ppt, false claim to citz. etc.)
    4. if entry prior to April 30, 2001, did anyone file a preference petition for him
    5. did he start a labor certification
    6. has he left the US since entry
    7. has anyone filed any petition for him
    8. has he been arrested, charged or convicted of any crime
    9. any previous deportation/removal
    10. Any equities regarding extreme hardship to USC spouse or children

    These factors will determine his eligibility for AOS under INA section 245(a) and 2459i) or an immigrant visa and the I-601 waiver. I recommend you get this information and consult with an experienced immigration attorney.
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