Can i apply for my spouse since she is over seas

Asked over 1 year ago - Pompano Beach, FL

webeen married for 7 years we have two kids but in able for her to returned to the us she must obtain a visa because she over stayed

Attorney answers (4)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . If you are a US citizen, you can sponsor her for a green card. She will need to obtain a waiver based on extreme hardship to you.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Carlos E Sandoval

    Contributor Level 14


    Lawyer agrees

    Answered . You can file a petition on her behalf. If she overstayed over 180 days she would have a penalty between 3 to 10 years in which cannot return to the United States. If she has been outside of the United States less than the duration of her penalty she will need a waiver, and you will need to show hardship for the waiver to be approved. Consult with an experienced immigration lawyer to review the merits of your case.

  3. Samuel Patrick Ouya Maina

    Contributor Level 19


    Lawyers agree

    Answered . Are you saying your spouse had a green card and stayed out of the US too long? Or that she was in the US and overstayed her visa? Or something else? Either way you can petition for her (provided you are US citizen or permanent resident) but more information would be needed to give you a more specific answer.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  4. Jeffrey Adam Devore

    Contributor Level 20

    Answered . Assuming you are a U.S. Citizen or lawful permanent resident you can petition for your spouse. However, depending upon how long she overstayed in the U.S. she may need a waiver of inadmissibility to return. Consult with an experienced immigration attorney who can advise you what to expect and the best way to proceed.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more

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