My wife is from central america. She entered in 2008 illegally then was deported after captured entering the US from Canada a few months later. She then reentered in the same year and has been here ever since. We applied for i130 in 2014 two months after we married and the case was transferred to another office. Should we wait for results of approval or interview or should we stop everything.
Even if you are a USC, she will not be able to adjust since he was not admitted or paroled. She would also potentially not be eligible for a stateside waiver since she is subject to permanent bar. Engage an immigration lawyer.
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Stop everything and go talk to a local immigration attorney. A deportation and then subsequent unlawful entry can bar a person from being able to immigrate legally at all. You really need to have someone experienced take a look at your situation before you lose a lot of time and money, or worse. Sorry to scare you, but better to get the help you need now than later.
Kind of a gross example, but better to get the funny growth checked out early and know that it's just a mole than wait and find out you've got an advanced stage of cancer and only months to live.
Your wife is inadmissible because she was not inspected when she entered the USA. This means she is not eligible to adjust status from inside the USA. in addition, re entry after deportation is called felony re entry and may lead to a 20 year ban from the USA absent a waiver.
i suggest you see an experienced immigration attorney before you take any further action. There may be a possibility of re opening her original removal case and having it administratively closed so that your wife is eligible for a provisional waiver.
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