Sponsoring a marriage green card for an undocumented spouse is tricky but possible if you are a U.S. citizen or green card holder. Family reunification is a priority in U.S. immigration policies and the government will permit US citizens and green card holders to sponsor immediate family members (spouses) for permanent residency. You will learn how, where to go, and the risks associated with sponsoring your undocumented spouse’s green card in this article.
For those who aren’t sure how you can get professional legal guidance from Law and Visas to make sure your application is not rejected. The steps of applying and what you need to know to go through the process of getting your spouse’s green card in this article will show you how.
How to Sponsor an Undocumented Husband for a Green Card.
To sponsor your spouse, which is legal or illegal based on many variables like your spouse’s status as an entry (or non-legal), you as a U.S. citizen or green card holder, and your spouse’s age as an illegal in the U.S. for how long. Let’s see what these circumstances look like:
1. If You Are a U.S. Citizen and Your Spouse Got In Illegally,
You’re a US citizen and your spouse came to the United States on a lawful basis (i.e., on a visa or through the Visa Waiver Program) so getting a marriage-based green card is relatively simple. Good news: Even if your spouse is illegal now because of their overstaying visa, you will still be able to apply as if it were your legal husband.
But your wife should watch out when it comes to moving out of the US during the green card process. If they get out, they will be barred from coming back for three or 10 years, depending on how long they’ve been undocumented in the U.S. Your spouse has to wait for their green card to arrive before they can visit overseas to avoid this.
2. If You Are a U.S. Citizen And Your Spouse Moved In Illegally, You Should File a Motion for Relief.
If your husband came to the United States undocumented (undisclosed), things get tricky. Then your wife would have to go out of the US and get a green card through the U.S. consulate in their native country. But if your husband has been living in the United States for over 180 days without legal status, then he might have a reentry bar that could delay his return for 3 to 10 years.
This could require your spouse to request a temporary waiver so that he can return to the U.S. earlier. So here’s how it works in this instance:
Filing Form I-130: You (the U.S. citizen) will need to file Form I-130 (Petition for Alien Relative) to U.S. Citizenship and Immigration Services (USCIS), verifying your plan to apply to sponsor your spouse for a green card.
Immigrant Visa Application: After you’ve approved the I-130, your spouse will be required to file an immigrant visa application and pay the fee.
Provisional Waiver: If your spouse faces a reentry bar, they can get a provisional waiver that skips the waiting period and allows them to come back to the U.S. earlier.
Green Card Interview: Once the provisional waiver is granted, your spouse will be interviewed for a marriage-based green card in the U.S. consulate in his or her home country.
Problems with Reentry: Your spouse can be forever barred from returning if he or she has already entered the US illegally or was deported. This would be a different set of legal measures.
3. If You Are a Green Card Holder and Your Spouse Is Not a Green Card Holder, They Will Not Be Enabled to Contact You.
It gets harder if you are a green card holder (and not a US citizen) and wish to sponsor your undocumented spouse, especially if you married someone who came to the U.S. illegally. Green card holders like Americans need to wait for a visa to be issued before applying for a marriage green card. The downside is, this makes it take a bit longer for green card holders.
Moreover, husbands of green card holders were no longer eligible for waivers if they fell under the three- or 10-year reentry bar for illegal presence in the US. But, it has undergone revisions so you need to be up to date on all the latest immigration rules.
What you should do is this: For green card holders presenting an undocumented spouse:
Wait for Visa to Be Available: Green Card holders’ spouses must wait for the visa to become available to file the green card application.
File Form I-130: If you are a green card holder, you must file Form I-130 to start.
Waiver Application: Your spouse who is a subject of the reentry bar will have to request a waiver that will permit him/her to enter the U.S. earlier. Ensure you get legal counsel about whether or not your spouse is entitled to this waiver.
4. DACA Considerations for Undocumented Spouses
If your husband is a DACA (Deferred Action for Childhood Arrivals) recipient, there are a few things to know. DACA recipients could not be hit by the reentry bar as other undocumented people, depending on their length of stay in the United States and their age at application.
The reentry bar generally does not apply to DACA recipients who were under 18, or who applied for DACA within 180 days of their 18th birthday. You also have a good chance that some DACA recipients are even allowed to go outside the United States and come back legally, thanks to something called “Advance Parole.” If your spouse has an Advance Parole, they could apply for a marriage-based green card without having to leave the United States.
Some Important Differences to Remember:
Time of Applying: Green Card holders can take longer than the US citizen to apply.
Provisional Waiver: If your spouse faces a reentry bar, they might apply for a waiver so they don’t have to wait.
Impact of DACA: DACA holders may have more latitude when applying.
Get Law and Visas Expert Support In India.
Sponsoring an illegal spouse for a green card is a matter of knowing your rights and working through the immigration system. If you are a U.S. citizen, green card holder, or DACA recipient, an immigration attorney who is knowledgeable about how to do the job can reduce the likelihood of rejection and increase the likelihood of success.
We at Law and Visas offer the highest quality legal advice all through the sponsoring of your spouse’s green card. Our staff will help you file your application on time and explain the process, deadlines, and requirements to you. We make it less likely that your application will be denied and more likely that your green card application will proceed smoothly for you and your spouse.
If you’re not sure what this all means, or if you need some help in filling out your application, reach out to us today. Let us get you together with your spouse and get you started on your road to permanent residency.
