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
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.
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.
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