Davie, FL Immigration Law Firms & Lawyers

It all depends on the manner that he entered the US. If he entered with a visa and overstayed, then you can petition for him and he will receive his residency. If he entered the US illegally, you can still petition for him but he will have to leave the country in order to be approved and received residency. This is a risky process and there is no warranty that he will be allowed to return to the US.

If in the US for change of status, probably not. If you are thinking of obtaining an F-2 visa at an American consulate or embassy under the circumstances that you describe, you may or may not have difficulty in obtaining the visa. Unless your husband is eligible for or on STEM OPT, a consular officer may be reluctant to issue the visa as your husband will supposedly be back to the home country soon, and the officer may not wish to encourage his staying in the country. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Is he eligible to file an I-485 as well or will he be processing overseas? With regard to the tax returns he should consult an accountant or tax attorney as he is likely to be eligible for a tax refund.