Immigration Site

Hi,

I am a U.S. Citizen married (one year) to a man from Peru. He came to the U.S. four years ago. He was working on a cruise ship (nonimmigrant crewmember visa) and he got off the ship in Miami and didnt return.

Now I want to sponsor him. I dont think I can use the 485 form in this case. My questions are:
Isnt there a form 485A which has a $1000 fee and is used for cases like this?

Or does he have to go out of the U.S. to, say, Canada, stay two weeks, then re-enter the U.S. in order to change his entry status?

(He has a U.S. drivers license.)
Please tell me if you have been through this.

I would definetly get a lawyer since he is here illegally!!

In the past, I was on the other end of the immigration process. My ex-husband was from another country and I went through the entire process and eventually acquired citizenship. (Now I have dual). I know that there are steps to take and rules to follow. I did not use a lawyer then and I dont want to now. But I would enjoy hearing from someone who is in a similar situation. Is there another 485 form which has a huge fee, $1000, and is used for this situation?

I do not know anyone personally who has such a scenario but I am sure there are plenty of people around who are in the same problem as you are.

Unfortunately, a few years ago, the immigration laws were very lenient and people got away with overstaying in the US. In the post 9/11 era, it is pretty hard to break in. A decent suggestion for your husband would be to take a voluntary deportation and come back here within a year or so through you (or however long it takes). There is also a slim chance that he may get the GC but the stakes are very high that he will be asked to leave the country and go to the interview to a US counslate in Peru. Ofcourse if this happens, there will be a 10 year bar and you do not want that.

In anycase, I would strongly suggest to get a good lawyer for yourself. I know they come expensive...but they can help you out.