My husband is incarcerated in the States I am from Canada. Does anyone know about getting a green card if my husband in incarcerated? He's been in for three and a half years and goes to the board next July we have been married since August-18-2002 and together for four years. I would like to get my green card so that I can get down there and get things sorted out , get a place, job etc so he can parole home to me. God Willing. We met when I was living down there on student visa's and then I would live down there for three months and come back for three months (the longest time you can stay down there without a green card.) So I am just getting my application papers and looking into getting an immigration lawyer. I was just wondering if anyone has gone thru this or has any info?? Thank-You so much for your time!!!!

Whitney, I don't have any answers that you are searching for, but I know there are a number of Canadians here on the site, who have partners in U.S. prisons. Perhaps they might know the answers.

DO POST any info you do receive, since this is a topic that comes up every few months.

(Have you contacted the American Consulate in Vancouver? There must be one, there. They might have answers.)

Love,
Menolly

Whitney,

I don't have all the answers but my company routinely moves people from the US to Canada and the other way too.

I don't think that you can however just 'apply' for a green card. You start with a work visa, but then this might be different if you are married. I think that if you are married to an American that you have almost automatic enterance...? You may have restrictions on working I am not sure.

US Immigration is your best first inquiry! INS - Immigration and Naturalization Service.

I am moving this post to the immigration forum and will respond there :)

I hope that some of this helps but if you have any more questions, want to give me some more details or need a referral for an attorney PM me.

OK the biggest problem that you will encounter is that since your hubby is incarcerated, he can't sponsor you. The easiest thing would be for you to find another sponsor. However, you didn't say if your hubby was a US citizen or a resident. I will assume that he is a citizen since you mention that they will be paroling him rather than deporting him (an unfortunate thing for current permanent residents). If he is a citizen, you may not be able to get another sponsor since his is legally your husband. You also do not get automatic residency from your husband since changes were made to the law in 1996. You must now apply and you must be in the country you are a citizen in to apply...so you've got that taken care of :)
The positive is that you want to come here and not the opposite. If he wanted to go to Canada he would have to wait 5 years from his release date and "prove" rehabilitation to the government. For example job, school, family ties etc. Now, another good thing is that you have been approved before for a student visa. That means that you qualified. I have some questions that I would need answered in order to give you the best answer I can. Please send me a Private message if you do not want to post the info here.
Are you legally married?
When and where were you married?
Have you lived together?
How long do you know him?
What is your profession?
What were his charges?
Have you ever been convicted of a crime?
If yes, for what, where and how long ago?

I am in no way trying to be nosey. Your answers can help determine how you should handle this. I know from both personal experience and many many hours of research what a nightmare immigration can be. I have no legal degree however, I am passionate about immigration since it has directly effect my life in many ways. (Read my intro.) I have spent many hours reading the immigration laws/procedures for the US, Canada as well as the EU countries. I can provide you only direction and advice through experience and self education. I would love to help you get here asap so that you can be established for your hubby's home comming! I agree with Teb that INS should be your first contact. However, I would check out the website and not call. More often than not the people who answer the phone...after you hold for an unreasonable amount of time...know absolutely nothing. They are not immigration agents or specialits, they are phone clerks. The have very limited knowledge and/or info. On many occassions they will direct you to fill out certain documents that are unecassary and will send you in a circle, or tell you something that is not the case.
Here is a link to their website
www.ins.usdoj.gov

Also you can check out these sites they may also help,
www.escapeartist.com
www.governmentguide.com

Hope some of this helps...
AND WELCOME TO PTO :)