How can my husband apply for a vias?

Question

a Family visa or a immigrant visa bc he is my husband but he is a brazilian and i am from the usa ?

message me if you have too! i need help

we also have a son together which 7 months old :) i love him

Answer 1

Well, is he in the U.S. or in Brazil right now.  Need a few more details, feel free to e-mail me if you want.  I need to know where he is, if he entered the U.S. legally, if he has a clean police record.....

Answer 2

If you are a US citizen and are married, you can file an immigrant visa petition for your husband, an I-130. If he came to the US on a visa, he can adjust to immigrant status while in the US. If he came illegally to begin with, he'll end up having to go home and apply for a immigrant visa before he can come back and get a green card. Plus, if he's been here illegally or out of status for over 6 months, he's currently ineligible for a visa. you'd have to apply for a waiver of the ineligibility through USCIS and get it before he could get any kind of visa, even an immigrant visa. Check out uscis.gov for more information and forms.

Edit: Well, if you are currently living in Brazil and not just visiting, you should be able to file the immigrant petition directly at the embassy down there. If you can, that would certainly save a great deal of processing time over filing a petition back in the US. If he was in the US out of status for over a year after the age of 18, he would be ineligible for a visa for 10 years from the time he left, however, he would be able to apply for a waiver through USCIS. If he got the waiver, he would get the immigrant visa and a green card when he arrived in the US. Check out usembassy.state.gov for the embassy and consulate websites and check into it.