If we start process now would she have to leave at any point ?
I would like to have her illegal status here changed and am wondering how it works. She has been here 15 yrs and not one issue with authorities.
She has two teenage kids also undocumented.
If your spouse did not enter the U.S. lawfully and you are a U.S. resident or citizen then your spouse will have to apply for an immigrant visa at the U.S. consulate. An approval of the FORM I-601A will be required prior to departure from the U.S.
If wife was not legally admitted into the country, with a visa and passport or in the alternative, "waved in" at the border (and can convincingly argue that), then she will need to ultimately depart and seek to obtain her "immigrant visa" from her home country US consulate.
She will be able to apply for the I-601 "provisional" Waiver based on "extreme hardship" and have it approved by USCIS prior to her departure for consular processing. Hopefully the Waiver will be approved. Make sure to work with an experienced lawyer.
If the teenage kids are minors then they will not need waivers.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
We would not know that because we need to know many facts related to your guys' case to be able to answer this question.
New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.
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