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Wilton A. Person
Wilton A. Person, Immigration Lawyer
Category: Immigration Law
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Experience:  Knowledgeable and experienced immigration lawyer.
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Hello, Im a Green card holder, I married my wife who came

Resolved Question:

Hello,

I'm a Green card holder, I married my wife who came here to USA in 2010 in a B1/B2 visa, we applied for I-130, and it was approved in 2011, Priority date is Dec 2010, according to Visa Bulletin she is eligible for an interview now, the issue is that she overstayed here in USA for 2 years and she is still here now and she gave birth to our US daughter .

What is the best way to resolve this and get her a green card now without leaving the country? she is pregnant too "again"
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Wilton A. Person replied 1 year ago.
Thank you for your response. Your wife's ability to adjust status to a green card holder despite her overstay depends on you becoming a US citizen based upon the current immigration laws because an overstay is forgiven with respect to an application to adjust status based upon a petition by a US citizen. However, this forgiveness is not applicable to a petition by a green card holder.

The other issue is that she would be subject to a ten year bar if she were to leave the United States to receive her green card in her home country so applying for US citizenship is probably the best option.

Customer: replied 1 year ago.


But couldn't she apply to Provisional Unlawful Presence Waivers especially that she is a parent of a US child? I wasn't sure if that is possible...


 


I heard there were some changes with the immigration reform...


 


Thanks,

Expert:  Wilton A. Person replied 1 year ago.
Thank you for your response. The law has not passed yet so it is not possible to know if your wife would be eligible because the law does not exist.

The Senate has not yet presented an Immigration Bill and is only conducting hearings at this point. If you are eligible to apply for citizenship, this may be a viable option under the current immigration laws.
Customer: replied 1 year ago.


I see there is something posted in USCIS: LINK


 


Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States and before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad.


 


It is confusing for me a little, I wish if this is what will grant my wife the GC, my citizenship eligibility is in 15 months.


 


I know you gave me a great answer above but maybe there is a way of getting the green card for my wife under the new law with the link provided in my reply.


 


Thanks,

Expert:  Wilton A. Person replied 1 year ago.
Thank you for your response. The provision unlawful presence waiver that your referenced above is not applicable to your situation because your wife entered the United States legally.

This provision is based upon spouses of US citizens who entered the United States illegally. Unfortunately, it is not applicable to spouses of green card holders who overstayed his or her visa.
Wilton A. Person, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 4146
Experience: Knowledgeable and experienced immigration lawyer.
Wilton A. Person and 2 other Immigration Law Specialists are ready to help you

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