what are her chances to get approved. I still have One year for my citizenship so immigrant visa with a greencard takes longtime
Of course she can. But her husbands status as a green card holder could cause her to be denied. But she should go forward with the truth, why she wants to come in and telling them she knows the law and that she has to return home and wait.
This is difficult but not undoable. If your wife shows that she has no intention of immigrating and just wants to come for your graduation, that would increase the chances of her getting her visitor visa. What country are you from? visa waiver possibility depending on the country. Also, did you file an I-130 for her?
An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.
I assume that your wife is not from a visa waiver program country of origin.
As a general rule, it will be hard for your wife to get a visitor visa to come see you. That being said, in order to prevent the lifetime bar that can result from an immigration fraud determination, she should be totally truthful at the consulate when she applies. If the consulate refuses to issue the visa, it will be that she has not shown strong enough ties to her country, as opposed to concealing the fact that she is married to a legal permanent resident, which would probably result in a fraud determination.
Consult with a competent attorney or BIA-accredited representative to help your wife with the tourist visa process. She will have to make a strong showing that she is going to remain in her country of origin and that she has ties that that will necessitate her return (job, property, kids, family obligations, the list is case specific, and also depends on the consulate where she will be applying for a visa.)
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