instead she married me. She was placed into immigration court and received a removal order. We appealed to BIA. Can we file a 601 waiver now on the presumption the bia will deny the case and than the 601 will at least be in process? I know we will need a 212 as well. I also know we will need an attorney but just trying to figure out if/when this will work?
She can only obtain permaennt residency by consular processing so file an I-130 for her. If she has overstayed, then when she leaves she will need a waiver of the 3/10 year bar. If not an overstay yet, then arrange with opposing counsel for her to leave the U.S. before she does.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
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