Skip to main content

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

Las Vegas, NV |
Filed under: Spousal immigration

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


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 H. Kuck
Managing Partner
Kuck Immigration Partners LLC--The Immigration Law Firm
8010 Roswell Road, Suite 300
Atlanta, GA 30350
Phone: 404/816-8611
Fax: 404/816-8615
Direct Dial: 404/949-8154 Toll Free: 1-866-286-6200
Follow us on Twitter: or
Join me on at
Join us on — Search within Facebook for “Kuck Immigration Group LLC”
Sign up for our podcasts on -- Search “The Immigration Hour”
Read our blog at

Solutions for Your Immigration Problems
With additional offices in Charlotte, North Carolina, Orlando, Florida, and Gainesville and Dalton, Georgia.

Mark as helpful

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics