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

    Jul 30, 2014, 12:35 AM
    Illegal from Guatemala married to US citizen. How to become legal?
    Hi my husband is here in the country illegally. Hes been here over 10yrs. We have been married 8yrs. We live in Indianapolis, Indiana. He is a roofer, and has been since he's been here. Has a boss who he gets jobs through but has his own crew. Basically a subcontractor. Has a TIN# and pays his taxes. My question is, how do we go about getting him legal? What would be the first step. Will it make it any easier because we are married? I've heard if we were married with children it would be a lot easier.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Jul 30, 2014, 04:53 AM
    Might never happen. He's here illegally and worse has been for a long time. I know people in that situation that despite a lawyer and 10 years of fighting to get them legal... was ruled on appeal in the court they will never be given a green card.

    Your first step and really the ONLY way to do it is going through the INS. Of course they might decide to deport him now they will know where he is, or they might not. That's the luck of the draw and the risk you take.
    newacct's Avatar
    newacct Posts: 321, Reputation: 21
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    #3

    Jul 30, 2014, 11:36 AM
    The key question is did he enter the U.S. legally. If so, it is very easy. If not, it is much harder.
    yori's Avatar
    yori Posts: 5, Reputation: 1
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    #4

    Aug 15, 2014, 05:52 PM
    He might be able to apply for I-601A. If he gets approved, then he only needs to be out of the US for a week or two.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #5

    Aug 15, 2014, 05:57 PM
    Good luck trying that... its highly unlikely to work. In fact I'm betting it won't.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Aug 15, 2014, 09:01 PM
    Normally he will have to leave the country, and apply to re-enter. Marriage does not automatically give him any special rights.
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