QUESTION

Can I keep my spouse stay illegally in the US until I become a US Citizen, then only apply for her adjustment of status?

Asked on Aug 01st, 2013 on Immigration - California
More details to this question:
I am a Green Card holder and I understand that the waiting period takes around 3 yrs time for my spouse green card application. But, we cannot be separated for such a long period of years. I want to know if I keep her stay illegally in the US until I become a US Citizen, then only apply for her adjustment of status, will there be any consequences?
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6 ANSWERS

Your understanding was correct a months ago - and is likely to be correct again in September (or even next week), but right now, there is no waiting time for spouses of permanent residents. Until USCIS announces that the quota is closed again, you can file the papers for your wife if she entered the U.S. legally and is still in legal status on the date of filing. Try to make sure that all the paperwork is done right because, if it isn't, USCIS can reject it and, most likely, you will not be able to re-file it again until you become a citizen (the quota was not current in this category for many, many years, and is likely to close very soon).
Answered on Aug 08th, 2013 at 12:42 AM

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If your spouse overstays her authorized time, she will not be eligible for adjustment of status after your I-130 petition has been approved unless you apply for and become a US citizen first.
Answered on Aug 08th, 2013 at 12:42 AM

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Hello! Yes! There are certainly ways to do that these days. There are new developments in the immigration laws and policies that help people exactly in your situation.
Answered on Aug 08th, 2013 at 12:42 AM

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Your wife can apply for a green card without you having to become a US citizen this months an probably next month if she is currently in lawful status. You should talk to an immigration lawyer about your case.
Answered on Aug 08th, 2013 at 12:41 AM

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I hope your spouse was inspected when she entered the US. You should consult with an immigration attorney to go over all the facts and options.
Answered on Aug 08th, 2013 at 12:41 AM

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Adebola O. Asekun
You can do most anything you want including to keep your spouse illegally in the U.S. Of course, there is always a risk that your spouse' illegal presence may come to the attention of DHS. If apprehended, your spouse may be subject to removal from the United States
Answered on Aug 08th, 2013 at 12:41 AM

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