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I am an american citizen, my wife is illegal, what can i do to settler her immigration status?

Pompano Beach, FL |
Filed under: Spousal immigration

She is illegal, entered illegally 6 or 7 years ago, and never have any document from INS. And my wife has remained and never left the country so, what can i do to ajust her status from immigration?

Attorney Answers 3


You need to find out if she can adjust status. In order to know this, we need to know how she entered. If she entered on a valid visa (albeit one for day), she will be able to get adjustment of status (ie not leaving the country for the greencard. Also if she did not enter on a valid visa, then we need to look into using INA 24(i). I will not recommend her to leaves until you talk to a good immigration attorney.

Good Luck
Shah Peerally
Founder and Managing Attorney of Shah Peerally Law Group PC
The Law Firm Deals in Immigration law & Debt Settlement Negotiations.We practice immigration and naturalization laws in all 50 states.

Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer or a fee agreement is signed by the attorney and the client

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Since she did not enter under any visa, you would need to conduct with an immigration attorney to explore all of her possible options to adjust status.

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PLEASE NOTE: THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes on a general website comment page only. Actual legal advice from this office can only be provided after consultation directly in person with an attorney from our office. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

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Generally speaking, if your wife entered the United States illegally 6-7 years ago there is a good chance that she is not eligible to legalize her status in the U.S. and she will be required to return to her home country to do so. Unfortunately, due to the length of her unlawful status in the U.S. there are serious consequences which attach when she leaves the U.S. Thus, this can be a situation of being stuck between a rock and hard place. Fortunately, it appears that you wife may be eligible for a waiver of inadmissibility as a result of her unlawful presence.

As you can probably guess from reading my comments above, there are a lot of factors which need to be considered in a case such as this. I there strongly recommend that you consult with a qualified immigration attorney who can review your wife's case and recommend a course of action you can undertake to legalize her status.

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