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#1
18th October 2008, 06:50 PM
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Hello, I have a question about petitioning for alien relative
Hello,
My mother was one of the DV-2009 winners and she's already received her green card. However, my father had lost his legal status here in the US before my mother knew she was the winner. Therefore, my mother went to the interview alone. They are married and they have been married for over 25 years. Knowing that my father doesn't have any legal status here (US), can she petition for her spouse? Will he be able to get any status even though he's out of status ? He's been out of status for almost 3 years. Thanks, Roni. 
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#2
18th October 2008, 09:24 PM
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he will not get any legal status until after she becomes a citizen. She will then file I-130 and he will file I-485 at the same time (same package) and he will have a legal status while the application is pending and will get his GC.
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