How do I file for naturalization for my husband?

He came into the US illegally when he was brought at 7 years of age by his parents. I am a US citizen. How can I make sure that he doesn’t have to return to Mexico and wait for approval there?

Asked on October 24, 2011 under Immigration Law, Colorado

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You really cannot do anything about your husband not having to go back to his home country UNLESS he had a petition that was filed on his behalf by a relative or an employer prior to April 30, 2001.  That would grandfather him under 245i.  If that was not done, under the current immigration laws, he cannot adjust status within the US but must consular process in his home country. As soon as he departs the US, however, he will trigger an automatic bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, and this is rather difficult in most cases.


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