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If my wifes visa expired before our annullment is final. Shes

 
Guillermo J. Senmartin, Esq.'s Avatar
  • Answered by:Guillermo J. Senmartin, Esq.
  • Immigration Lawyer
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Customer Question

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.

 

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State/Country relating to question: California

Already Tried:
nothing yet , too scared

Submitted: 1296 days and 2 hours ago.
Category: Immigration Law
Value: $15
Status: CLOSED

Accepted Answer

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Expert:  Guillermo J. Senmartin, Esq. replied1296 days and 2 hours ago.

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.

Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 99.0 %
Accepts: 27990
Answered: 12/1/2009

Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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