My wife is out of status on with f1 visa she didn't go to the school which gave her a visa upon arrival..can she still apply for a green card?
Are you a US citizen? If the answer is yes ... then, yes, she can be processed for a greencard.
Consider a Skype consultation with an attorney.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
A US citizen may sponsor a lawfully admitted out of status spouse for a green card and the overstay spouse may file a green card application.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
This is a very complicated situation. My colleagues are correct.
Also, I suggest that you consult with an experienced immigration attorney about your case.
The answer to your question largely depends on how your wife might apply for residency. If on her own (say, a self-petition), it would not work if she is out of status as it sounds like she is. If she is the immediate relative of a U.S. citizen, however, the path becomes significantly more possible. It would be best to analyze her eligibility in full with an attorney though to fully see whether or not, and how, your wife might apply for permanent residency. Take care, Hemet!
The answer given here is based solely on the facts provided, which may be incomplete, and is intended for general information only. It does not establish an attorney-client relationship, nor should it be relied upon for further legal action, which should only be taken after first having a consultation with an experienced, licensed attorney.
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