when she tryed to return they give her form i275 saying she need a visa to return we also have two children the kids are with me and she is overseas im not working etc and im trying to get her back to me any adive please
As a U.S. citizen you can petition for your wife. However, if she overstayed her prior period of admission and then departed the country, she will require a waiver of inadmissibility to return in addition to an immigrant visa. Consult with an experienced immigration attorney who can review the facts of the case, advise you what to expect, and how best to proceed.
As a U.S. citizen, you can petition for your wife to get her permanent residence. However, since she overstayed her visa here and then left, she is now subject to the 10 year bar. That means you'll also have to file for a waiver to remove that punishment and let her come back sooner. I strongly recommend working with a lawyer on this case. Waivers are difficult, but not impossible, and an immigration lawyer will be able to help you prepare the best application possible.
I agree with my colleagues. Had she stayed, there would have been no issue. By leaving, she triggered a bar from re-admission and now needs a waiver.
Although she should have consulted an immigratoin lawyer earlier, I would strongly suggest that you consult one now before going any further. There is much more to our profession than filling out forms. There is a lot of analysis that occurs behind the scenes. Get a lawyer and do it right the first time. Repeating anything in the world of immigration is on a time scale of months or years. As a result, it can easily cost you more time and money to obtain an immigration benefit on your own than if you use an attorney. Plus, keep in mind that there are significant “opportunity costs” as well. (A good example is where someone has to re-submit a work permit application and wait a few additional months before working).
If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
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