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    Hello, I was recently married about two months ago. I am a us citizen and would like to fix my wife's legal status. She is illegally in this country as of now. I heard that if we try to legalize her, that she will be punished by having to go back to her country for a year or so. Is anybody else in a similar situation. I just started looking for a lawyer to help me out with this, but I found this website and thought I would ask. Thanks in advance.

  • #2
    Hello, I was recently married about two months ago. I am a us citizen and would like to fix my wife's legal status. She is illegally in this country as of now. I heard that if we try to legalize her, that she will be punished by having to go back to her country for a year or so. Is anybody else in a similar situation. I just started looking for a lawyer to help me out with this, but I found this website and thought I would ask. Thanks in advance.

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    • #3
      With illegally do you mean she entered the country illegally or she is out of status, meaning she overstayed her visa? And if so, how long has she been out of status?

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      • #4
        Sorry about that, she entered the country illegally in 1989 when she was young. She works a salary job, files taxes, all with a SSN that was given to her so that her grandmother could claim her on her taxes. It's not a valid SSN to work with. Hope that helps.

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        • #5
          I'm sorry but aliens who entered the country illegally cannot change their status nor file for AOS unless 245i is extended.

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          • #6
            Thanks for your help.

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            • #7
              What if your application was grandfathered by the 245(i) ruling? It doesn't count anymore?

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              • #8
                They would have had to have been married and had their AOS in before the sunset of 245i... Unless there was a petition filed for her with a work visa before, what is it? August of 2001, I think.

                You could try adjusting status and then filing a waiver, but they are near impossibly to obtain (seriously), and she will most likely be sent back and barred from re-entry for 10 years.

                Did she happen to be a minor when she entered the country? How long has she been here since she's been 18?

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                • #9
                  Juju, thanks for the reply. Yes she was about ten or twelve years old when her grandmother brought her here. A lot of her relatives dropped the ball in fixing her up when she was young. Thanks for your help.

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