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I entered illegal to the US in 1998 and I got married to an us citizen

Miami, FL |

Can my wife fill an I130 for me ? Have I a chance to get approved?

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Attorney answers 6


Can my wife fill an I130 for me ? Yes
Have I a chance to get approved? The I-130? Yes

You will need waivers and well need to finish the process abroad.

You need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Needs more facts to answer this question. Generally if someone has filed a petition for you before April 30, 2001 you may be eligible. Consult an immigration attorney.

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


Yes, but if you want to be able to eventually become a permanent resident, hire an immigration attorney to represent you as soon as possible. I-130 will just be the beginning of the very complicated process that awaits you.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


Yes she can file an I-130 for you but you need to first assess whether this will do you any good. Are you eligible for permanent residency? Can you file for this in the U.S. and pay the penalty fee or must you go overseas and file a waiver? Is your waiver approvable? Do you qualify for a provisional waiver? What issues of inadmissibility do you have? Have you ever left the U.S. since your initial entry? did you get through the border on your first try or do you have prior border stops and possible deportations? Etc, etc. Get an immigration consultation before you start so you know what the whole picture will be.

Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law

2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277

Former Adjunct Professor -- Immigration law
University of Illinois College of Law


Your wife can file an I-130. If your wife can prove that the marriage is a bona fide marriage the I-130 might be approved. In order to determine if you qualify for adjustment of status, or if you will need a waiver for a consulate processing additional information is needed. Your wife needs to hire an experience immigration lawyer for assisting with this matter


You will need a waiver in addition to the usual applications required. The waiver may be filed from with in the USA - I-601A.

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