Options For Sponsoring An Undocumented Spouse’s Green Card
Family reunification has been a key component of the U.S. immigration policy. Bringing in immediate relatives into the country was fairly simple a couple of decades ago.
Even now it is still possible to sponsor an undocumented spouse’s green card. The expenses, risks and timelines depend on whether or not the sponsoring spouse is a U.S. citizen and if the immigrating spouse entered the U.S. legally.
Here’s how sponsoring an undocumented spouse’s green card works in the following scenarios:
1. Sponsoring spouse is a U.S. citizen, immigrating spouse entered legally but overstayed
Obtaining a green card in this scenario is much easier than it is in other scenarios. If you’re a U.S. citizen and your spouse entered the country legally, they will be treated like a spouse with legal status.
The immigrating spouse just needs to careful about traveling out of the U.S. before obtaining their greed card. In case they do decide to leave the U.S., they are not permitted to return for 3–10 years.
2. Sponsoring spouse is U.S. citizen, immigrating spouse entered illegally
The process is more complex when the spouse enters the U.S. illegally. It is still possible for them to obtain a green card but they’ll have to leave and re-enter the country.
If the immigrating spouse had been in the U.S. for less than 180 days, they can return and file a green card application through the American consulate in their home country.
In the scenario that the immigration spouse has been in the U.S. for longer than 6 months (180 days), they can barred from entering the country for 3–10 years. In order to avoid the bar and return faster, they’ll have to apply for a provisional waiver.
Couples who find themselves in this situation should work with an immigration attorney to help them through the process.
3. Sponsoring spouse is a green card holder and the immigration spouse is undocumented
Undocumented spouses of green card holders must have legal status to apply for a green card from within the U.S.
For undocumented spouses of green card holders, the application process is the same as it is for immigrating spouses that entered illegally with two important differences:
- The process takes 18 months or longer because they’ll need to wait for a visa
- Spouses of green card holders aren’t able to get waivers, they can be barred from entered for 3–10 years. An immigration lawyer will need to be consulted to check whether they qualify for a waiver or not.
4. DACA (Deferred Action for Childhood Arrivals) Considerations
In case of DACA, “unlawful presence” isn’t counted until after a child turns 18. If a spouse applies for DACA before their 18th birthday or within 6 months after turning 18, they are not subject to the re-entry bar and will not require a waiver.
DACA recipients are able to travel outside the U.S. and re-enter legally provided they have “Advance Parole.” If your spouse is a recipient of DACA, they can begin their green card application process from within the US.
Other than this, there really are no special benefits for undocumented spouses of DACA recipients when it comes to attaining a marriage-based green card.
For specific information on how you can sponsor your spouse’s green card, get in touch with an immigration services and green card specialist.
Milenkovic Law Group PLLC. serves residents living in various areas of New York such as The Bronx, Brooklyn, Long Island, Manhattan, Queens and Westchester.
If you’re looking for a qualified immigration attorney in Long Island, NY for assistance with your citizenship application, contact Milenkovic Law Group PLLC. at 914-202-0610.