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How will the new immigration law ( march 4 ) affect my friend?

Tampa, FL |

my friend overstay her b2 visa and has 2 us citizen children in her care . She is divorced from her husband who is a green card holder. How would this new law affect her. She has bee her from 2007.... can she apply for residency after march 4.... will she have to return to her home country to obtain green card.? whats the process

she has been in the us since 2007

Attorney Answers 4

Posted

Mr. Capriotti is correct. Mr. Pineda overlooked the fact that your friend is divorced, so her ex-husband's naturalization will have no effect on her. Her children must be 21 years old before they can petition their mother.

The provisional waiver program tends to help those who cannot adjust status in the U. S., because they have entered without inspection. Your friend entered with inspection, so if she were to fall in love, again, she can be petitioned by a U. S. Citizen and try to adjust status. There is no penalty fee involved and no waiver 'unless' she leaves the U. S.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, who can take the time to ask enough questions to provide reasonable legal advice. That way, she can make the best decision based upon her situation.

This is general information, not legal advice, and does not create an attorney client relationship.

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Posted

Unfortunately the new procedure (not a law) probably won't help her.

She should meet with an immigration attorney for guidance.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Asker

Posted

why? doesn't her us kids qualify her?

F. J. Capriotti III

F. J. Capriotti III

Posted

There are several reasons why they can't help her. 1. If they are 'kids' (ie: under 21) they can't file sponsorship papers 2. The new waiver procedure is extremely complicated when it comes to the parent of a US Citizen. 3. If she came on a B visa ... she probably doesn't need a waiver ... she just needs a 'proper' sponsor (ie: a USC husband or a USC son/daughter who is over 21.)

Asker

Posted

ok.. i see. thanks

Asker

Posted

What if someone came on a student visa and it expired, and has a spouse with a green card, does this law affects that individual

F. J. Capriotti III

F. J. Capriotti III

Posted

No, it only applies .... at this time ... to the spouse of a US Citizen.

Posted

The new procedure does not apply to her. Her husband should naturalize so that she does not have to go anywhere. Once her husband becomes a US citizen, she can apply for adjustment of status in the United States. Consult with an experienced immigration attorney.

714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.

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Posted

I would be interested in when she got divorced and why because if she was emotionally or physicall abused or battered, she might be eligible for VAWA. But my friends are correct, this new law is only for people who came here illegally ( without a visa). This is why it's so important to see a lawyer- there are so many other options and laws that may be applied, if we knew more details. I am in Tampa and consultation is only $25. Emel Ersan, 813-449-4422.

This is only a short advice- you should not file anything without getting the full facts from a lawyer.

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2 comments

Asker

Posted

may I ask you turkish ? thank u :)

Emel Ersan

Emel Ersan

Posted

Tabii ki...

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