QUESTION
How can I help my wife fix her immigration status?
Asked on Jul 08th, 2011 on Immigration - Texas
More details to this question:
I am a US citizen and married with the woman last June 10, 2010 who is C1 visa and out of status right now. She came here last year March 2010. It there's any chance to fix her status or can I apply a petition I-130 for her because I don't wanna lose my wife... I really really need help...
4 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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Your question requires more information. C1 visa enterant may or may not adjust status depending on certain conditions.
Answered on Jul 17th, 2013 at 2:18 PM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
Unfortunately, C status cannot be changed to another inside the U.S. there was a law in 2001 that would allow such action. Maybe if there is immigration reform it will be renewed. Be sure to make your voice heard in the next election.
Answered on Jul 19th, 2011 at 1:09 PM
Your wife cannot apply for a green card from within the U.S. (adjust status). She will have to leave the country and apply through a Consulate. However, she will need a waiver of inadmissibility if she leaves the U.S. because of her unlawful presence which she has accrued since March 2010.
Answered on Jul 15th, 2011 at 11:09 AM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
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You can file for the relative petition (I-130) here, but your wife will need to apply for the immigrant visa and a waiver at her home consulate. The waiver is required as she has accrued over one year of unlawful presence, which will trigger a 10-year bar under INA section 212(a)(9)(B)(ii). Consult with an experienced immigration attorney.
Answered on Jul 15th, 2011 at 10:54 AM