QUESTION

Would I be able to fix her papers if my wife got caught crossing the line?

Asked on May 07th, 2012 on Immigration - Texas
More details to this question:
My wife got caught crossing the line a year ago with somebody's else's papers would i be able ti fix her papers?
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5 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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*Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.
Answered on May 14th, 2012 at 9:33 PM

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It really depends on what status she is now in and whether she is in the US or abroad. If she was caught crossing and sent back to her home country, there were probably conditions imposed on her ability to reenter with a valid visa. You need to provide information on that in order to determine whether or not she will be allowed to reenter and when.
Answered on May 10th, 2012 at 2:54 PM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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You need to find out if she was deported through expedite removal. If so she is barred for 5 years. In addition, she may have a visa fraud issue, which will require extreme hardship waiver. You should file I-130 first(I assume you are US citizen). You should retain an immigration lawyer for this case.
Answered on May 10th, 2012 at 1:42 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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No. If she used someone else's documents, she was most likely deported and is barred for 10 years. In addition, she is inadmissible for lying to an officer. If she reentered after being deported, she is not eligible for a waiver for 10 years. This is a very complicated case that requires further fact finding.
Answered on May 10th, 2012 at 1:40 PM

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You can still petition for your wife on Form I-130, but she will need to file a waiver on Form I-601 for misrepresentation. If your wife tried to claim that she was a US citizen, then she is banned from the US permanently.
Answered on May 10th, 2012 at 1:08 PM

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