Legal Question in Immigration Law in New York

hello, i am a perm. resident, my wife came to the us on the visa waiver, she is now out of status and does not want to leave the country (doesnt want to trigger the bar) can i as a greencard holder petition for her and adjust her status???


Asked on 2/09/10, 2:22 pm

3 Answers from Attorneys

Luba Smal Smal Immigration Law Office

No, you can't help her to adjust status at this time. You can only file the I-130 petition which will not give her any right to remain in USA, nor entitle her to apply for adjustment of status until you become a USA citizen.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a 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.

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Answered on 2/14/10, 2:29 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Yes, as a green card holder you can petition for your wife and children (if any).

I do hope you have paid at least 3 to 5 years of taxes (depending on how long you have had your green card). You will also have to produce your W2�s.

Patricia Martin-Gibbons

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Answered on 2/15/10, 1:30 pm
Adam Friedl Law Office of Adam Friedl

You can peitition for her her, but your status as a green card holder does not of itself permit her to adjust status. Your concern about the reentry bar sounds valid if your wife has been present in the U.S. for some time.

I would be happy to speak with you further about the case offline. Please feel free to contact my office if you need assistance.

Best Regards,

Adam

______________________________

The Law Office of Adam Friedl

t: 347 827 1020 | www.adamfriedl.com

Practice devoted to Immigration Law

N.B.: Unless you have a signed engagement letter with me, you should not consider this information as legal advice, and you should check with your own counsel before relying on this message. I am unable to provide reliable legal information without a full consultation. Such information is not intended to create an attorney client relationship.

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Answered on 2/16/10, 4:22 am


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