I am in the army and my wife is illegal. She is also pregnant. We want to start the process of getting her some sort of legal status, but we were told that she might have to go back to her country of origin (Brazil) for up to 10 years. This can be expedited because I am in the military, but I don't want her and my child to be away from me for an unknown amount of time. I am deployed right now, and that is enough time away. I have heard of illegal immigrants being granted "stabilization" in the States while the papers are being processed. Is this possible for us? how do I do it? what are the chances? Thank you, XXXXX
Sargent Nazario, good evening and thank you for your service to the U.S.!
As to your situation, I have not heard of any "stabilization" rule or status. What I can tell you is that your wife MAY be eligible for Cancellation of Removal. The criteria for that form of relief are as follows:
1) 10 years in the U.S.
2) good moral character.
3) extreme and unusual hardship to a U.S. Citizen spouse, child, or parent.
It appears that a well-founded argument could be made that you and your soon-to-be born child could be subject to extreme and unusual hardship if your wife were to be removed to Brazil.
This is an especially sympathetic case, given the fact that you are an active member of the military. Many judges, per my experience in court, tend to give people such as yourself the benefit of the doubt as a token of appreciation for your service. Not always. Not often. But often enough for me to take notice of.
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Thank you, XXXXX XXXXX a little risky,still though. We will wait since she has only been here 8 years. We also have a baby on the way, so we don't need the extra stress. And I want to continue with my carreer in the military. if she goes, I go. Anyways thank you for your knowledge, and it is my pleasure serving this great country. Thank You and God Bless SGT Michael Nazario
I didn't see the part earlier that requested more information. Please tell me what information you need to help me.
Sergeant Nazario: The Info Request appears to have been an auto-response, as I did not write that. Please disregard it. Wishing you the best of luck and a very Happy Thanksgiving!
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