QUESTION
What are the chances of getting residency if I file a petition for my wife?
Asked on Jul 11th, 2011 on Immigration - California
More details to this question:
I'm trying to file a petition of residency for my wife. She came in with a visa as if her grandmother was her mom which meant she used another name. She was 6 years old when this happened so she had no control over it. What problems would this bring? Would she have a chance of getting her residency?
4 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Short answer is yes with a waiver. Unfortunately the parent's fraud will be imputed to the minor child. Therefore, she will need a fraud waiver. You will need an experienced immigration attorney to help you.
Answered on Jul 19th, 2011 at 1:54 PM
2 Awards
It is possible to obtain residency under those circumstances, but it is tricky and there are complications. You need to speak with a lawyer to handle this situation.
Answered on Jul 19th, 2011 at 11:33 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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You can file for permanent residence but you may need a waiver for the misrepresentation on entry. It is generally approved if you can show that she was a child at entry, there are no other immigration violations and it is a hardship to you if she were to be denied permanent residence. Consult with an experienced immigration attorney.
Answered on Jul 18th, 2011 at 2:43 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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If you are a USC and your wife entered legally, you can file for a green card for her in the US. However if she used a fake or false passport to enter, regardless of age, then under case law, DHS is not considering this a lawful entry in most jurisdictions. This will be a very tricky analysis. You must have a full consult with a competent immigration attorney to carefully review the facts of your wife's case to see if she is barred or eligible.
Answered on Jul 18th, 2011 at 2:18 PM