immigration

Unless she has the benefit of sections 245(i), your wife will not be able to adjust status in the US as she entered illegally. Section 245(i) allows most individuals illegally here the ability to adjust status without leaving as long as they had a labor certification or immigrant visa petition filed on their behalf by April 30, 2001 and were physically present in the US on December 21, 2000. That being said, if she is not the beneficiary of section 245(i), she may be able to alternatively obtain her immigration through your filing an I-130 petition for alien relative for her, have it approved, and then submit an I- 601A application to waive the 10 year bar for being here illegally for one year or more based upon extreme hardship to you. She would be able to wait in the US to see the results of the waiver application. If it is approved, she would be able to complete the immigration process by having an interview at her home embassy or consulate which would in all likelihood be a normal interview, allowing her to immediately return to the US. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    

Hello,   You wife may be able to get a green card based on her marriage to you however an important question is whether she will need to go outside of the U.S. to be processed for her green card, or if she can 'adjust status' in the U.S. More information is needed in order to answer your question fully. At our law office we sometimes file for green cards within the U.S. for clients. We also see some people who have to complete their applications outside of the U.S. and are able to do so successfully after we screen their cases and determine that they will not face delays abroad. Some clients need a provisional I-601A waiver before they can complete their green card application. Please speak to an attorney in your local city and provide them with detailed information about your wife so that they can give you specific information about your particular case before you move forward. Good luck.   Disclaimer: This information is not, nor is it intended to be legal advice. For legal advice about your specific situation, please speak to your immigration attorney.