QUESTION

My friend is a permeant resident but his wife is here illegally.

Asked on Mar 24th, 2013 on Immigration - Texas
More details to this question:
My friend is a permeant resident but his wife is here illegally and he wants to know if it would be better for him to apply for his wife's residency before he applies for his citizenship?
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4 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
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Where it is fairly certain that an individual will become a US citizen, it is usually better to apply for a spouse after having obtained US citizenship. If the wife entered legally and has overstayed her visa status, your friend's becoming a citizen would allow his wife to adjust status in the US. If she entered illegally but has a clean record, e.g. – no crimes or fraud, she could possibly take advantage of the Obama administration's I-601A program under which she could apply for a waiver of the bar for staying in the US illegally prior to deciding whether to attend a consular interview outside the US for an immigrant visa. In contrast, if your friend was still a permanent resident, she would not be able to take advantage of the I-601A program, and if she wished to go overseas for an immigrant visa appointment when her priority date became current under the category for spouses of permanent residents, she would have to be first refused by the American consulate and then allowed to file for a waiver of the illegal stay bar during which she would have to remain outside the US while it was being adjudicated. 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
Answered on Apr 18th, 2013 at 6:18 PM

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Sexual Harassment Attorney serving Brooklyn, NY
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He should become a US citizen, then he can sponsor his wife relatively quickly, provided they will qualify for I-601A provisional waiver, or some other option.
Answered on Apr 07th, 2013 at 1:44 PM

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If an LPR (Lawful Permanent Resident) files for a spouse there will be wait for the visa.  On the other hand there is no wait for an immigrant visa for the spouse of a USC.  If the LPR is eligible for citizenship he should file immediately.  As for the foreign national spouse who is in the US unlawfully, once the relative petition is approved, she can file for the I-601A provisional waiver if unlawful presence is her only ground of inadmissibility. After the waiver is approved she will need to return to her home country for the immigrant visa interview but the time will be considerably shortened to remain outside the US.
Answered on Mar 26th, 2013 at 12:23 PM

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Dear Joe, He can apply for his wife's residency now and when he becomes a U.S. Citizen, he can upgrade the petition from the F2A category (preference category where there's a quota) to Immediate Relative.     Evelyne M. Hart, Esq.  
Answered on Mar 25th, 2013 at 3:55 PM

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