Washington | Immigration Law
Legal Question
i am a us citizen and married an illegal immigrant how can i get her to become legal with in the united states?
Legal Answers
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Read More Answered By: Michael Cho |
It depends on how the "illegal" immigrant entered the U.S. -- whether through the border without inspection or on a valid visa and overstayed.
I suggest contacting me for a free consultation to determine the best option;
http://www.msclaw.com/Consultation_Request.html
U.S. Immigration Attorney | International Marriage Lawyer
Regards,
Michael S. Cho Attorney & Counselor at Law
10940 Wilshire Boulevard, 16th Floor Los Angeles, California 90024 Phone: 323.238.4620 Fax: 323.345.5477 Internet: http://www.msclaw.com
San Francisco Office 225 Bush Street, 16th Floor San Francisco, CA 94104 Phone: 415.449.1974 Fax: 323.345.5477
San Diego Office 8880 Rio San Diego Drive Rio Vista Tower, 8th Floor San Diego, CA 92108 Phone: 619.866.5970 Fax: 323.345.5477
To check processing times or the status of a particular immigration case, go to: https://egov.uscis.gov/cris/jsps/index.jsp
Foreign nationals must report address changes to CIS on form AR-11. To access the form go to: https://egov.uscis.gov/crisgwi/go?action=coa
You can file electronically at: https://egov.uscis.gov/crisgwi/go?action=coa __________________________________________ ABOUT THIS E-MAIL: The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer.
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Read More Answered By: Amir John Showrai |
You need to file a petition (form I-130) and several related documents to sponsor her for legal permanent resident card. If she entered the US by going through a port of entry (in other words, she entered with inspection) then you can also file to adjust her status (form I-485 and related documents and forms) at the same time. 6-9 months later you will be scheduled for an interview at a USCIS office and after that, assuming there are no issues, she will get a legal permanent resident card (a/k/a/ a "green card").
If she did not enter the US with inspection, meaning she snuck in somehow, then at some point she will need to return to her home country for processing there. Depending on how long she has been in the US, she is subject to certain bars of inadmissibility for various lengths of time. It is possible to seek a waiver of those bars to admissibility and get her back here. If this is her situation, then I'd estimate 6-12 months that she will need to wait outside the US.
Note, if she has to apply for a waiver to be admissible, there are no guarantees that it will be granted, which can result in a wait of several years before she would be allowed to return to the US. No matter what, I suggest you seek an immigration attorney to help you. I am happy to help, so feel free to contact me anytime at 206-223-9510.
Best of luck! |
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