I'm a US citizen, would like to file a petition for my wife who voluntarily went back home to our country due to illegal status

Asked almost 5 years ago - Las Vegas, NV

she arrived here in 1995 as a crew member and jump ship. we are aware that there is a different immigration laws in this case. but still had decided in 2004 to go back home and served penalty voluntarily. it's going to be 5 years from now since she's away. is it already a right time to file a petition in behalf of her without compromising further her status

Attorney answers (1)

  1. Charles H Kuck

    Pro

    Contributor Level 14

    Answered . She still has 5 years left on her 10 year bar. So, she would still need a waiver. A waiver OUTSIDE of Mexico is very hard to obtain, likely less than 10% chance in most cases. Do you believe you can show EXTREME hardship to process the waiver for her now?

    Best regards,
    Charles
    Charles H. Kuck
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