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    My wife is an illegal allien. She came to the US when she was just a few weeks old. We were just recently married (October) we are both 18 years old (she just turned 18 in September), if she goes back to Mexico now that she is 18 and can do that on her own will we be able to get her a legal status in the US without having any bars to re-entry? I am currently in the process of getting an immigration lawyer to help us with this issue. Just out of curiousity, is there a way to do it without having her leave? Just had to ask, I think I already know the answer to that one. Just any helpful advice that I can use prior to talking with my attorney will be appriciated. Thanks

  • #2
    My wife is an illegal allien. She came to the US when she was just a few weeks old. We were just recently married (October) we are both 18 years old (she just turned 18 in September), if she goes back to Mexico now that she is 18 and can do that on her own will we be able to get her a legal status in the US without having any bars to re-entry? I am currently in the process of getting an immigration lawyer to help us with this issue. Just out of curiousity, is there a way to do it without having her leave? Just had to ask, I think I already know the answer to that one. Just any helpful advice that I can use prior to talking with my attorney will be appriciated. Thanks

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    • #3
      No chance of doing it from inside the US, with the current immigration law.

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      • #4
        Leave with her!

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        • #5
          Hey 42A sorry to hear about your wife's situation but there's no way that she could adjust status in the US, but you didn't specify if she came with a visa or EWI (Entry Without Inspection). If her parents bought her with a visa then she will be fine to adjust status here. Did somebody file a i130 for her b4 April 2001? If that's not the case you will have to file for the I130 with consular processing and will have to apply for the i601 waiver since her visa is going to be denied due to her unlawful presence. Did somebody file a i130 for her b4 April 2001? Why don't you try to find out if the unlawful presence start after 18 or 18 1/2 I'm not really sure but I read it somewhere if that's the case then she wont need the waiver which takes 6-9 months to get approve and its a lot of paper work........ Good luck to you and your wife


          Exceptions to the Three and Ten-Year Bars
          Q. Are there any exceptions to the bars?
          A. Yes. See INA section 212(a)(9)(B)(iii). The three and ten-year bars do not apply to:
          Lawful permanent residents seeking readmission (212(a)(9)(B)(i));
          Minors (persons under 18 years of age);
          Persons who have "bona fide" applications for asylum pending under section 208, unless the person was employed without authorization during this period;
          Person who are beneficiaries of family unity protection under section 301 of the Immigration Act of 1990 (generally, spouses and children of IRCA legalization applicants);
          Battered spouses and children, if there is substantial connection between the unlawful presence and the abuse.

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