Legal Question in Immigration Law in Ohio

Hello my wife has is a latina from Mexico and has been in US for 8yrs has paid taxes for 7yrs and has an I-TIN number, I am a US citizen and we got married 3yrs ago. 1 yr ago another lady hit her car from behind my wife and the other lady both went to jail for not having a driver lic. pled no contest all she paid is court fees and was released found not guilty I know that this is a public record. So how could we go by this so we could apply for her citizenship. Who could Help Us?


Asked on 11/16/09, 4:12 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

Your wife is not eligible for USA citizenship.

Having a criminal record or any other court record doesn't help her in any way.

If she is illegally in USA and came to USA without a visa (illegally), she can't apply for a Green Card through adjustment of status. If she wants to become a permanent resident (Green Card holder) she will need to go back to her home country of Mexico and apply for a visa after your petition is approved.

If you�d like to schedule a telephone or email legal consultation, or need advice or help, please let me know, and I�d be glad to help you: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com .

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 11/22/09, 2:45 am
Harold Hom Harold L. Hom Co., LPA

I do not see how the driving incident affects your wife's ability to get permanent residency in any way. Your wife committed no crime. The key to your wife getting permanent residency is whether she entered the U.S. using a visa or she just sneaked across the Mexican border. If she sneaked across the Mexican border, there is nothing that anyone can do right now to make her legal. If she entered the U.S. using a visa, then you can sponsor her for permanent residency right now.

Harold L. Hom

Tel: 440-250-0400

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Answered on 11/22/09, 10:06 am


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