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Immigration: I am from Uruguay married to a permanent resident alien. Can she claims for me?

Perth Amboy, NJ |

I am from Uruguay who came to USA 6 years ago with that special visa, my wife is from republic dominican only with a permanent resident and we have one child born here in NJ. Can she claim for me for my permanent resident?

Friends from other nationality says because of that especial visa to Uruguay and Argentina I can't be claim by a permanent resident...

Attorney Answers 5

Posted

Your wife can certainly petition for you to be accorded permanent residence. However, due to quota issues it will be a number of years before a visa will be available. Additionally, whether you will be eligible for apply for adjustment of status is unclear by your reference to a "special" visa.

Consult with an experienced immigration attorney who can review your case and advise you how best to proceed.

-----------
Jeffrey A. Devore, Esq.
Board Certified Immigration Attorney
Devore Law Group, P.A.
2925 PGA Blvd., Suite 204
Palm Beach Gardens, FL 33410
Telephone: (561) 478-5353
Facsimile: (561) 478-2144
Skype: jeffrey.a.devore
email: jdevore@devorelawgroup.com
web: www.devorelawgroup.com

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Asker

Posted

The Uruguayans and Argentinans can enter USA with I-94W

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

In such a case you entered using the visa waiver program. In such a case being married to a permanent resident means your are ineligible to adjust status in the United States unless you are eligible for benefits under Section 245(i) of the Immigration and Nationality Act. As noted by my colleagues and myself, you need to consult with an experienced immigration attorney for a review of your case and appropriate advice. ----------- Jeffrey A. Devore, Esq. Board Certified Immigration Attorney Devore Law Group, P.A. 2925 PGA Blvd., Suite 204 Palm Beach Gardens, FL 33410 Telephone: (561) 478-5353 Facsimile: (561) 478-2144 Skype: jeffrey.a.devore email: jdevore@devorelawgroup.com web: www.devorelawgroup.com

Posted

Like Mr. Devore, we'd need to know more about this 'special' visa.
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Posted

The Uruguayans and Argentinans can enter USA with I-94W

Posted

There is no such thing as a "special visa." Your wife can petition for you but it is probably best if she becomes a citizen first. Before doing anything hire an attorney and have them figure your situation out. My firm handles these types of cases.
Regards,
Nick Misiti
Misiti Global
212 537 4407

Legal disclaimer: The statement above is general in nature, 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.

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Posted

The Uruguayans and Argentinans can enter USA with I-94W

Posted

I don't know what a special visa is. Your wife can petition for you but it will take at least three years before you get a green card. If she can become a citizen it will go much faster. You need to speak with a lawyer.

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Posted

The Uruguayans and Argentinans can enter USA with I-94W

Mary Katherine Brown

Mary Katherine Brown

Posted

As always, the highest regard should be given to the information provided by your local attorneys.

Eric M. Mark

Eric M. Mark

Posted

The I94W is a visa waiver, it is not a special visa. It is actually worse than if you overstayed a visa. You need to speak with an immigration lawyer before making any decisions because you could make your situation worse.

Posted

I agree in that I have never heard of a "special visa". Entering with a visa is a good thing, however. Your best bet is for your wife to become a citizen and then petition for you. I'd love to help.

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