Married an Undocumented Immigrant

Aggie Hoffman

I married an undocumented immigrant and need help knowing what forms should be filed. I am a born US citizen and my husband came here illegally with no documents about 8 years ago. We got married in April 2013. He was never caught by border patrol and has no criminal record. We have a 3 year old healthy little girl. I would like to know if there is any hope in this situation and what are the proper forms that should be filed in my case. I know I should speak with a proper attorney but I just want a general idea as to how this works. Thanks!

Yes, you may file for your husband’s immigration, but because he entered illegally and has been here over a year, he is not eligible to complete the process in the U.S. He will also need a hardship waiver (I-601A) which can be filed for while still in the U.S. and before he leaves for his immigration process at the US Consulate in his home country. The hardship waiver is not a simple application and you would be wise to retain the services of an immigration lawyer for processing his resident status.

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