Legal Question in Immigration Law in California

Unsure of Immigration Status
My husband came to the US from Mexico over 10 years ago. At the time he came he apply for a green card but before it was sent he moved. He never followed up on it. He doesn't even know what his alien registration number is. Now it is 10 years later and we have no idea what his immigration status is. He has a SS number and has been working for the entire time and has been paying his taxes, so it is not like he has been hiding. We married three years ago and have two children now. I really want him to get his status settled and to naturalize but he is afraid to ''stir the pot''. He has been told if he contacts the INS he could get deported or at the very least lose his job. What can we do now? I just don't like the idea of being in limbo right now.

Asked on 5/12/02, 12:44 pm

2 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

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Re: Unsure of Immigration Status

If he hasn't done anything else in the past 10 years as you stated, then his status is no status, or illegal. Having a SSN (probably not real) and paying taxes never make one legal.

If you're a US citizen, then you can petition him for a green card. If he entered legally 10 years ago with a visa (which obviously has expired), he can complete the process in the US in about a year and half and it's no problem. On the other hand, if he entered illegally 10 years ago, he will have to go back to Mexico and finish the paperwork but being illegal in the US for so long, he might not be approved. This requires legal consultation.

Liem Doan, Esq.

Note: The above is for legal information only and is not meant to be legal advice. Such advice can only be rendered after the explicit creation of an attorney-client relationship.

Answered on 5/12/02, 6:12 pm

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