Immigration - Frequently Asked Questions

Frequently Asked Questions On Immigration

Illegal Status to Own A Home

Q. Can I put my name on a deed for a house, though I'm not here legally? Will buying the house help me get a waiver of the "unlawful presence" bar to permanent resident? I am now married to a US citizen and my wife and I have two US-born children. My wife wants to petition for me, but my lawyer says I must go home for my immigrant visa interview. The lawyer says that when I leave, I'll face a 10-year bar to returning, though I can apply for a waiver.

A. You can buy a house and put your name on the deed. No law prohibits undocumented immigrants form owning a home. I cannot say whether the INS will grant your waiver, but from what you said, I think you you have a chance. The law says that the INS should base its decision on whether your wife will suffer extreme hardship if you don't get waiver. Your wife certainly needs help raising the children. Buying a house could help. Home ownership helps show the stability of the family and, if your wife cannot make the payments on her own, her need for your financial assistance.

(By Alan Wernick)

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