Ashburn, VA asked in Immigration Law for Virginia

Q: I recently got married to my partner who is an illegal immigrant. Can I give him citizenship or at least a green card?

He has been in the U.S. illegally for 4 years. We are expecting a child at the time. How can we make this possible?

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2 Lawyer Answers

A: If your partner was admitted into the USA with a visa you can sponsor him to adjust status from inside the USA. If he was not admitted he may currently be eligible for a provisional waiver. However, the provisional waiver was enacted by an Obama executive order and may soon be cancelled as an option. I suggest you consult with an experienced immigration attorney immediately.

A: you may be able to file for a I-601A waiver after your I-130 is approved, but it depends on additional facts. These cases can be difficult to navigate. Consider working with an attorney or at least doing a consultation.

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