As a U.S. citizen, you can petition for your wife to get her permanent residence. However, since she overstayed her visa here and then left, she is now subject to the 10 year bar. That means you'll also have to file for a waiver to remove that punishment and let her come back sooner. I strongly recommend working with a lawyer on this case. Waivers are difficult, but not impossible, and an immigration lawyer will be able to help you prepare the best application possible.
The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.
if she overstayed and then left the US, then she is most likely facing either a 3 or a 10 year bar. A waiver exists that can forgive the bar on re-entry. Schedule a consultation with an experienced attorney to fully discuss.
This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
I agree with my colleagues. Had she stayed, there would have been no issue. By leaving, she triggered a bar from re-admission and now needs a waiver.
Although she should have consulted an immigratoin lawyer earlier, I would strongly suggest that you consult one now before going any further. There is much more to our profession than filling out forms. There is a lot of analysis that occurs behind the scenes. Get a lawyer and do it right the first time. Repeating anything in the world of immigration is on a time scale of months or years. As a result, it can easily cost you more time and money to obtain an immigration benefit on your own than if you use an attorney. Plus, keep in mind that there are significant “opportunity costs” as well. (A good example is where someone has to re-submit a work permit application and wait a few additional months before working).
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Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
As a U.S. citizen you can petition for your wife. However, if she overstayed her prior period of admission and then departed the country, she will require a waiver of inadmissibility to return in addition to an immigrant visa. Consult with an experienced immigration attorney who can review the facts of the case, advise you what to expect, and how best to proceed.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.