QUESTION
What’s the best way to go about making my wife legal?
Asked on Jan 28th, 2012 on Immigration - Texas
More details to this question:
My wife entered the U.S illegally in about 1993 and attended school then college ever since. She has a Medical assistant certificate, clean record and is now married with me a us citizen. Her mother is here illegally but her three siblings, two of which are minors are also U.S citizens. She does not have any children.
2 ANSWERS
Assault Attorney serving Richardson, TX
2 Awards
She may have to adjust her status through consular processing. See an immigration attorney to see if there is another alternative.
Answered on Feb 22nd, 2012 at 10:32 AM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
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It will depend on the exact facts of her entry. If she entered without inspection (EWI), then she will need to apply for a waiver of that immigration violation. Currently, she would need to have you file the relative petition, and then she would apply for the immigrant visa at her home consulate at which time the waiver is presented and adjudicated. The problem is that she needs to leave the US, triggering at least the 10 year bar, before she can apply for the waiver. Waivers can be approved in 1 month to 1 years. If not approved, then the applicable bar (3 or 10 years) is in effect. There is proposed legislation to allow for a "pre-adjudication" of the waiver stateside, so she will know if the case is approvable. Check with your immigration attorney for details. These are complicated cases and you should consult with an experienced immigration attorney.
Answered on Feb 14th, 2012 at 10:47 AM