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
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 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
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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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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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.
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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 general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.