Marriage to Undocumented Immigrant

**AnonImIss** · 09-02-2011, 03:11 PM

USC woman married undocumented man in August 2011. He has been in the country since 2001, in undocumented status the entire time. She can file an I-130, but is there any way that he can stay in the country?

**Dogmatique** · 09-02-2011, 03:28 PM

He can file for a hardship waiver, but they're not commonly handed out.

They should speak with an experienced immigration attorney who is familiar with marriages involving UAs.

**AnonImIss** · 09-02-2011, 03:31 PM

The hardship waiver you reference is I-601, correct?

**Dogmatique** · 09-02-2011, 03:45 PM

Yes, that's correct.

Quick question though - was he brought into the country as a minor? And which US state is relevant?

**AnonImIss** · 09-02-2011, 04:09 PM

No, he came in when he was 18, through Arizona, I believe. He has never left and I understand is subject to a 10-year ban at this point. So if the I-601 is available, what would be the procedure? File the I-130 on his behalf, then if it is approved, file an I-485 and I-485 supplement? Is the I-485 the step where the I-601 will be needed?

I appreciate your feedback.