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My wife is here undocumented, can i do anything for her?

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  • My wife is here undocumented, can i do anything for her?

    Hi I have been married to my wife for 2 years, I am a US citizen and she is from Peru, she came here through Mexico and EWI, is there anything at this time that can help her gain legal status? and we are not sure if we should have a baby or not, I have been told that is she was removed the baby would be removed as well even though I would be the father and was born in the USA. She came her in 2001 and since we have been married, i wont allow her to work or drive in case someome wanted to check on her legal status, would she be removed immedietly if someone reported her?

  • #2
    Hi I have been married to my wife for 2 years, I am a US citizen and she is from Peru, she came here through Mexico and EWI, is there anything at this time that can help her gain legal status? and we are not sure if we should have a baby or not, I have been told that is she was removed the baby would be removed as well even though I would be the father and was born in the USA. She came her in 2001 and since we have been married, i wont allow her to work or drive in case someome wanted to check on her legal status, would she be removed immedietly if someone reported her?

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    • #3
      Are you sure she's an EWI? If she simply overstayed a visa it would be nothing more than another straight forward case of AOS. If she really EWI then she must leave the U.S. and apply for consular processing with the required waiver.
      There's many variants to the EWI scenario so you should consult with an immigration attorney ASAP. The sooner you get answers to your questions the better, go ahead and talk to an attorney today.
      This is not legal advice, you MUST consult with a qualified immigration attorney.

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      • #4
        I'm an attorney and Houston is correct. If EWI, she must return to Peru to get consular processing. If overstayed, she can adjust here.

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        • #5
          1. As EWI she will need to be processed overseas (to get a visa).

          2. She will need a waiver to overcome 10 year bar.

          3. If you obtain custody of your future baby, baby can stay with you.

          4. If she murdred someone or planning to blow-up something, then she would be detained immediately and deported ASAP.
          Otherwise, there are millions of people that are illegally present here, and CIS is as likely to remove her as any illegal day-laborer and such (meaning there is a possibility, though a remote one).

          Regards,

          IE

          Comment


          • #6
            IE

            You need to learn to see the good in people. Why would she be planning to blow something up? Common, I think this man needs a serious advise, did you forget that this is his wife, not a girlfriend? So, get off your high heeled horse, you advise was fine, but insults aren't necessary.

            Hey Bhyatt... Since she is a EWI... her chances of AOS are basically non-existent, and will second the opinion of both NJattorney and Houston. You should also consult an experienced attorney about the intricacies involved in applying for a waiver for his EWI escapades. However, she has to leave the US for you to stand a better chance of legalizing her status. I know this doesn't sound ideal, but it is the only feasible option and THERE IS NO OTHER. However, should congress pass an amnesty tonight, which in unlikely, then she may have stood a chance to legalize her status.

            The AOS is usually done for people who came into the US through POE and were inspected by Custom Officers. As such, if you overstay your visa, you can still adjust your status if you are married to an American citizens, and that violation will be forgiven by USCIS as you are an immediate relative of US citizen.

            I know that the thought of your wife leaving the US is not the ideal one, but if you want to legalize her, you will need to swallow this bitter pill for now and do what is right. Do you guys have kids? If you guys have kids, then this could be helpful in your efforts to bring her back into the country after she leaves. How? Hardship to you amd your kids if she is permanently barred from the US, even if it is for a period of 3 or 10 years. You can even involve your Congressman in the process once you have filed the necessary paperwork to bring her back to the US, if the USCIS gives you a hard time. However, you need to be judicious in your use of big sticks (congressman). I know of people who filed the necessary paperwork on March 1, 2006 and called their Congressman on March 31st, 2006 when they have yet to receive a NOA from USCIS to complain of bad processes of USCIS. Such indiscretions are ridiculous, unless you papers have been pending for over 6 months, then you should wait for the USCIS to get back to you. It is common sense, you application is not the only one which the USCIS is dealing with.

            Most important, she is not under any visa cap, as she is a wife of a US citizen, and a visa is immediately available to her. However, the obstacle in the process will be her previous EWI. However, be positive and work to legalize her through the proper channels. The are people who have succeeded in this process before, so you aren't the first one to venture into this difficult process. So, my good thoughts and wishes are with you.

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            • #7
              Listen, dummy (or prof., whatever you name yourself), I didn't "see" antything "bad" , I just answered a question whereby implying that chances are slim for her to be detained and deported, even if someone reports her.

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              • #8
                Hey guys

                no fighting . Poster asked for advice and got the necessary advice that was needed. Antifacist gave the most accurate advice to the poster. No one else even mentioned that fact that a waiver would have to be approved in order for his wife to adjust status outside the country. and the poster needs to know just how difficult that will be to overcome. He did not insult with his responses. I think it was perfectly clear and understood by all. Its his style of writing. as long as information is accurate and is not attacking anybody... why are we attacking that persons style of writing. Who are we to decide how someone should deliver information?????? You say tomato ...I say tomato. right prof sir right. Lets try to get along.. unfortuantely enough knowlegeble people seem to have left this board becuase of these petty jabs. Then there will be no one delivering accurate help for those in need.

                Comment


                • #9
                  NJattorney, are you an immigration attorney?
                  The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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                  • #10
                    Antifascist is Fascist, Rapist, Racist, Hitler-Communist, Nazi-Terrorist, Schizophrenic-Maniac !!!

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