If my wife's visa expired before our annullment is final. She's not citizen , or applied for any ident. or ssi , or not sponsored by me . the question is ; as she becomes concerned with her fate of becomming an illegal citizen after the end of our short ( four month ) marraige. Can she be deported ? Will he have to leve he country ? She 's very worried . Is there a special like amnesty , or forgivness form the US has for this dfficult situation . Very worried in L.A. C.
State/Country relating to question: California
nothing yet , too scared
If you will not petition for her Residency, she will not be able to stay. If she has no permission to stay, of course she could be deported at any time. There is only way way she can self-petition and that would be if she can prove that her U.S. Citizen or U.S. Lawful Permanent Resident spouse abused her. Other than that, there is no amnesty.
She can also apply for Asylum (she had to have done this within the 1st year be being in the U.S. unless there are changed country conditions), Withholding of Removal, Convention Against Torture, or Cancellation of Removal. The first three things are if she fears to return to her home country because she believes that she will be specifically targeted due to her race, religion, nationality, social group or political opinion and that she runs a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, she would have to prove that she has at least 10 years in the U.S. AND she must also prove that if she is deported, a U.S. Citizen or Lawful Permanent Resident that depends upon her will suffer exceptional and extremely unusual hardship. This hardship must be something more than emotional separation hardship or financial hardship, so it is difficult to get.
I am truly sorry for the bad news, but the options are very limited at the moment.
10+ years of experience in various aspects of U.S. Immigration Law.
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