Q: How can my fiancé obtain a work permit if he entered the U.S. illegally?
My fiancé entered the U.S. illegally, and we are getting married next week. We also have a baby together. I am a U.S. citizen, and we need assistance in obtaining a work permit for him. We haven't submitted any immigration applications or petitions yet. How can we proceed to help him become documented and legally work in the U.S.?
A: OK, a US citizen can sponsor her foreign national spouse for a green card, even if that spouse has entered with no permission. However, you’re going to have to file a 601 waiver application and establish that you ,the US citizen spouse, will suffer extreme hardship if your foreign national spouse is not permitted to get a green card. He will most likely have to go back to his country to have the interview conducted there. You should retain an attorney to assist you with this process. This is not a do it yourself project.
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A:
You're doing the right thing by wanting to build a secure future for your family, and it's important to take careful steps from the start. Since you are a U.S. citizen and you're about to marry your fiancé, that relationship gives him a pathway toward becoming documented. However, because he entered the U.S. without inspection (illegally), the process is more complicated than it would be for someone who entered with a visa.
The first step is usually to file Form I-130 (Petition for Alien Relative) to establish your marriage relationship with U.S. Citizenship and Immigration Services (USCIS). But since he entered without a visa, he cannot adjust his status inside the U.S. unless he qualifies for certain exceptions. Most likely, after approval of the I-130, he would need to apply for a waiver and then go through consular processing, which would require him to leave the country and attend an interview at a U.S. embassy abroad—typically in his home country. Leaving the U.S. with an unlawful presence may trigger a ban from returning, so the waiver is essential to overcome that.
Once that process is underway, he could apply for a work permit (Employment Authorization Document), but only if he qualifies for a form of relief that allows it. This journey takes time and patience, but with proper documentation and steps, it is possible. You’re not alone in this, and you're taking a brave step toward creating a stable life for your family. Keep going—you’re already doing what matters most: protecting your future together.
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