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I Entered U.S. illegally, Could My Husband Apply Green Card for Me?

9/21/2006

Dr. William:

I entered U.S. illegally. Then I married with a U.S. citizen and just had a baby. Could my husband apply Green Card for me? or Do I need to leave U.S.?

A: According to U.S. immigration law, even your husband is a U.S. citizen, you are not eligible to adjust your status to permanent residence inside the U.S., because you entered U.S. illegally without U.S. custom inspection and I-94 card.

Having a child with your husband will not help your immigration case. Since you are not able to adjust status in the U.S., you may also have problems in the consular process in your home country, because you would be barred under the law for 10 years to enter the U.S., because you remained in the U.S. illegally for more than one year.

But under section 245(i), if you are the U.S. illegally before 12/21/2000, and filed Labor Certification applications or immigrant visa petitions before 4/30/2001, you can adjust status in the U.S. after a payment of $1,000 fine.




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