Legal Question in Immigration Law in California

Hello and thank you in advance for taking the time to answer my question.

I have been married for almost 6 years now with my husband whom entered the U.S. illegally 9 years ago. My question is...Is it possible to fix his illegal status being that I am a U.S. citizen? We have two children together my 5 year old daughter and 3 year old son. He has no criminal back ground.

Thank you again and have a beautiful day!

Asked on 8/11/10, 9:02 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office
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It's possible. However, it's a difficult situation: he will have to go back to his home country to apply for a visa. A visa will be denied and a 10 year ban will apply. Then, he can apply for an extreme hardship waiver, and IF approved, a visa will be issued. When he comes back to USA on an immigrant visa, he'll get a green card (permanent resident card valid for 10 years), and can apply for a citizenship in 3 years.

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at Attorney @ and I will send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn’t create an attorney-client relationship. For more information or to schedule a consultation, please visit

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Answered on 8/16/10, 10:22 am

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