Helping an Undocumented Spouse Obtain LPR Status

my husband was brought to the united states as a child (under 1 year old). he applied and was approved for a work visa. I want to help him to get his lawful, permanent resident status but because he grew up in the united states technically he would be banned? is this true and is there any way around this considering he was a child and it was through no fault of his own? any information would be much obliged please! i am also willing to provide any additional information needed to answer. thank you in advance.

Did your spouse enter the U.S. lawfully at the age of one year?

How old is he now? (years and months if 18)

In the version we heard yesterday, I believe I advised you to get a lawyer, as you were a US citizen and I told you to obtain an immigration lawyer because the process involved breaking the law. This time you are not claiming to be a US citizen first.

He did not enter legally and he was under a year old. He is now 24 and I have only posted once so I'm not sure what that last reply has to do with the price of tea in China. I am a u.s. Citizen born in the United states.

As a child brought here by his parents (or whoever) he had only a small amount of time to change his status, and that time has past. He needs to talk to an immigration attorney as soon as possible - and he needs to make sure the attorney is familiar with family issues as the pertain to immigration.

He's not banned since he grew up in the US. He's likely banned because he has six years of illegal presence in the US. As pointed out, you're outside the range of the "self help with filing the LPR forms." You need an attorney.

Had he entered legally, his overstay would have been "forgiven" by his marriage to you. If you want to blame anyone for the problems you are encountering, start with his parents.

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Quoting T53147

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Had he entered legally, his overstay would have been "forgiven" by his marriage to you. If you want to blame anyone for the problems you are encountering, start with his parents.

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Again, though, the fact that he was brought here as an infant could very well factor in with the right attorney. After all, he was given a work visa which would imply lawful status at some point at least.

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Quoting llworking

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Again, though, the fact that he was brought here as an infant could very well factor in with the right attorney. After all, he was given a work visa which would imply lawful status at some point at least.

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The infant part is a done deal at this point.

But you do raise a valid point - he did get a work visa and those aren't exactly handed out like candy.

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Quoting Dogmatique

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The infant part is a done deal at this point.

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Not necessarily, see below.

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But you do raise a valid point - he did get a work visa and those aren't exactly handed out like candy.

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Exactly...and that work visa may have been the result of doing something about being brought here as an infant in a timely fashion.

What I meant was, ultimately the "brought here as a child" issue is moot because he later obtained a work permit. In other words, it's no longer an issue, since a work permit requires the person be here legally.

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It also significantly affects his choices.

A work permit does not require you to be here legally. It is part of Obama's Presidential discretion for young adults. Whether he remains undeportable after Obama is out of office is another issue.

Darn, I was off by 3 minutes.

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Quoting Disagreeable

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A work permit does not require you to be here legally. It is part of Obama's Presidential discretion for young adults. Whether he remains undeportable after Obama is out of office is another issue.

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Dis...you have no idea when he got the work permit...but in any case, the work permit DOES give him lawful status. Whether that lawful status will continue is perhaps an issue, but it does allow for the opportunity to change status due to marriage.