Would my husband have to go back to his country if we try to get his citizenship through marriage?

UPDATED: Sep 30, 2022

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Would my husband have to go back to his country if we try to get his citizenship through marriage?

I am a US citizen and me and my husband have been married for a little over a year. He came to this country when he was 8 years old and his parents did not try to get him his citizenship. We have tried to get his citizenship through a lawyer under the program where kids came here and were abused, sorry I am not sure of the name of the Act. My husband does have a work visa but that program may be taken away if immigration law changes. We were told that in order to do his citizenship through the marriage we would have to go back to his country for 10 years then returning. Is this true?

Asked on November 10, 2016 under Immigration Law, Massachusetts


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You should contact an attorney that specializes in hardship waivers because it may be possible now to get that waiver that he would need BEFORE he departs the US for the visa so that he can know before he leaves whether or not he is likely to get the visa or not.  I don't handle those issues but you can contact the local bar association to get a referral to an attorney in your area who does.

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