Need Clarification

[laninaborequa]

I am a US citizen married to an illegal immigrant from Ecuador. He has been illegal now for 8 years, we have been together for 6 years but married for 2 years and have a child. I need to know can I change his adjustment in this country? I have been told by an attorney that it would be hard but could be possible. I am afraid if we start the process he would get a deportation letter and he would have to leave. Does anyone know if this could be possible. Can I change his status in this country?

[Pinkpig]

How and when did he enter the US? Did he come with a visa or did he just come across the border?

[USnoiva]

Yes, that would make all the difference if he came legal originally.

Also, it is very scary at first to start filing paperwork. I know that I was also scared that they would come "knocking at the door" looking for him. But I think the chances are rare that would even be an issue. And I think most would agree that the its worth it in the long run to eventually be legal.

[kitkat1]

I am a US citizen married to an illegal immigrant from Ecuador. He has been illegal now for 8 years, we have been together for 6 years but married for 2 years and have a child. I need to know can I change his adjustment in this country? I have been told by an attorney that it would be hard but could be possible. I am afraid if we start the process he would get a deportation letter and he would have to leave. Does anyone know if this could be possible. Can I change his status in this country?

If he entered illegally, he cannot adjust his status in the country and would have to go back to Ecuador for consular processing, waiver submission and wait for approval outside of the US.

Any attorney would tells you it could be possible should be fired (unless there are extenuating circumstances that you haven't provided here such as a petition was filed for him prior to April 2001 and he qualifies for 245).

People who entered the country illegally and marry CANNOT successfully adjust status in the country because their illegal entry is NOT forgiven. (If that were the case, the millions of illegals who are married to American Citizens would simply adjust their status in the US and not worry about immigration reform). They have to go through the petition process, consular interviewing in their home country, and submit and receive approval on waivers.

http://www.uscis.gov/files/form/i-485.pdf

Who Is Not Eligible to Adjust Status?

You are not eligible for adjustment of status if any of the following apply to you:

You were not admitted or paroled following inspection by an immigration officer