How do i get my wife to become a resident?

Asked about 1 year ago - Oceanside, CA

I am a citizen born in the US. I am currently on active duty in the United States Navy. My wife is illegal immigrant from Mexico. She has been in the United States since she was 9. She graduated high school with a diploma. She is 24 years old.She has received her work permit and also has a Social Security card. I am asking what all do we need to do to get her to be a resident where she is legal and will not be deported.

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20

    8

    Lawyers agree

    Answered . She seems to be eligible for a stateside waiver. Your military service would be a good background for the waiver. Find an immigration attorney you would feel confortable dealing with and seek the waiver. Some attorneys offer free or reduced fee services of military servicemen in active duty. Immigration is Federal law so immigration lawyers from all over the country can represent you.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Jeffrey Adam Devore

    Contributor Level 20

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    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . First, thank you for your service to our country.

    Generally speaking, an alien who entered the United States unlawfully is not eligible for adjustment of status in the United States. This is because the law requires an alien to have been inspected by an immigration office and either admitted or paroled into the U.S. to be eligible.

    However, since you are on active duty, it appears that your wife may be eligible for what is known as "parole in place" (PIP) wherein she his paroled "nunc pro tunc" (i.e retroactively) to her entry into the United States. This would allow her to then apply for adjustment of status in the U.S. and obtain her residence without leaving the country. PIP does not, however, waive any other grounds of inadmissibility should they exist.

    Consult with an experienced immigration attorney who can review you and your wife's situation, determine her eligibility and recommend the best way to proceed. Many attorneys will conduct consultations via telephone or Skype for clients outside their local area.

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

    Contributor Level 14

    4

    Lawyers agree

    1

    Answered . Petition for her. She will need to apply for a waiver for her unlawful presence and depending how she entered she may be able to adjust her status to that of a permanent resident here in the US or she entered without documentation she will have to travel to ciudad Juarez to apply. I am no aware of any possible exemptions or special treatment that may exist because she is the spouse of someone serving in the military but there may be. I know that if you are facing deployment you can request for the petition to be expedited. You should hire an attorney to handle your case. One that is experienced in handling family based petitions.

    **Please mark as helpful or best answer if you find this response helpful** MEDINA LAW GROUP PC: EXPERIENCED... more

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