Can my husband get his green card while in brazil?

Question

I have been married for a year now to my Brazilian husband. We live together in Hawaii but have not yet made the first step towards getting his green card. He is thinking about going home for a while to visit parents but I have heard he will not be allowed back for three years due to the fact that he has overstayed his visa expiration date by 6 months. Is there any way we could apply for his citizenship while in Brazil?

Answer 1

After your husbands visa expired he became an overstay and started to accumulate illegal presence. You cannot apply for citizenship or get a green card if you are not in the U.S. It defeats the purpose, it is called a permanent resident card for a reason. If he leaves the U.S. and he self deporting and the paperwork would have to be outside the country. Now if stays in the paperwork must be done within the country as long as he doesn't leave!!!

Answer 2

He cannot apply for U.S. citizenship in Brazil.

He would be inadmissible for three years from the date of his departure because he has been unlawfully present in the U.S. for more than 180 days. If he accumulates year or more of unlawful presence and leaves the U.S., he will be inadmissible for 10 years.

If he leaves the U.S., he can apply for an immigrant visa in Brazil if you file a form I-130. When his immigrant visa is ready for issuance, he can come back to the U.S.

Answer 3

Once he goes back to Brazil, you can petition him through Consular Processing. 6 months overstay could cause difficulties and you might have to file I-601 Waiver for that. Consulting with immigration attorney wouldn't hurt to get better options.

http://travel.state.gov/visa/immigrants/...

http://www.visajourney.com/forums/index....

Answer 4

NO! You can apply for a spousal visa while he is in Brazil so he can legally return to the US. Citizenship takes 3 years of legal US residence.