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  #1  
Old 2nd January 2009, 11:53 AM
gduran gduran is offline
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Wife illegal in the country
Thanks for taking your time to help me with this, I am a US Citizen but my wife entered the country illegally when she was 4 years old with her Mom, we've been together for 6 years and married for 2 + years, we have a 3 year old baby..

My question is, can I help her become legal in the country? And what forms should I fill out?

Thanks again for your time.
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  #2  
Old 2nd January 2009, 03:39 PM
nscagony nscagony is offline
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Join Date: Oct 2007
Posts: 1,170
(incorrect information removed)
__________________
I-140 EB2/NIW (ROW) at NSC, mailed 10/20/2007, RD 10/23/07, ND 11/08/07, AD 3/21/2008
I-485 (concurrent, ROW) at NSC, RD 10/23/07, 11/08/07, LUD 11/14/2007, FP 12/11/2007, INFOPASS 12/11/2007 (NC clear, BC clear), LUD 12/12/2007, RFE 7/18/2008, 8/1/2008 (received), 8/4/2008 (replied), LUD 8/5/2008 (received), LUD 8/6/2008, AD 8/12/2008 (Notice welcoming new permanent resident), 8/15/2008 Approval notice sent, LUD 8/18/2008.
Card received on 8/22/2008.
Last edited by nscagony; 2nd January 2009 at 06:53 PM.
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  #3  
Old 2nd January 2009, 04:32 PM
TheRealCanadian TheRealCanadian is offline
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Join Date: Jul 2002
Location: Atlanta, GA
Posts: 9,736
Quote:
Originally Posted by nscagony View Post
I assume your wife entered the US illegally before 2000, so she is eligible for 245i and she is eligible to get a GC through you.
245i eligibility is NOT based on the date of entry. It's based on physical presence in the US on 12/22/2000 and a priority date of 4/30/2001 or earlier. If the I-130 has not been filed yet she is NOT eligible for 245i.
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------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #4  
Old 2nd January 2009, 06:53 PM
nscagony nscagony is offline
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I stand corrected. TheRealCanadian is right. That changes the equation for you dramatically and there is pretty much nothing she can do. She can apply for a waiver of the ban based on exceptional hardship depending on her country of origin, but thats a long shot. I will edit the incorrect info above.
__________________
I-140 EB2/NIW (ROW) at NSC, mailed 10/20/2007, RD 10/23/07, ND 11/08/07, AD 3/21/2008
I-485 (concurrent, ROW) at NSC, RD 10/23/07, 11/08/07, LUD 11/14/2007, FP 12/11/2007, INFOPASS 12/11/2007 (NC clear, BC clear), LUD 12/12/2007, RFE 7/18/2008, 8/1/2008 (received), 8/4/2008 (replied), LUD 8/5/2008 (received), LUD 8/6/2008, AD 8/12/2008 (Notice welcoming new permanent resident), 8/15/2008 Approval notice sent, LUD 8/18/2008.
Card received on 8/22/2008.
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  #5  
Old 3rd January 2009, 09:30 AM
trialanderror83 trialanderror83 is offline
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Location: Tampa Bay,Florida
Posts: 568
Quote:
Originally Posted by gduran View Post
Thanks for taking your time to help me with this, I am a US Citizen but my wife entered the country illegally when she was 4 years old with her Mom, we've been together for 6 years and married for 2 + years, we have a 3 year old baby..

My question is, can I help her become legal in the country? And what forms should I fill out?

Thanks again for your time.
What state are you in?
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  #6  
Old 3rd January 2009, 11:17 AM
Triple Citizen Triple Citizen is offline
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Location: Naperville, IL, USA
Posts: 8,291
She overstayed her visa or entered wishout inspection?

Quote:
Originally Posted by gduran View Post
my wife entered the country illegally when she was 4 years old
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S K Ghori
skg@vex.net
http://www.vex.net/~skg/

**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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  #7  
Old 3rd January 2009, 02:42 PM
jupiter07 jupiter07 is offline
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Join Date: Aug 2008
Posts: 391
Quote:
Originally Posted by Triple Citizen View Post
She overstayed her visa or entered wishout inspection?
As is - she entered illegally - I would think it means - she entered without inspection. If she had a visa I don't think she would 'enter illegally'.
__________________
DO: Atlanta, GA
2001 - grad sch F1
2008 - still grad sch as F1
2009 - graduation
08/08 - Mailed I-1485, I131,I765, 130 sent in July
02/14/09 - ID, GC approved
02/27 - CGC rcvd
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  #8  
Old 3rd January 2009, 02:46 PM
Triple Citizen Triple Citizen is offline
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Location: Naperville, IL, USA
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True, but you would be surprised how many people do not know the difference. That is why I am quering the OP for further clarification

Quote:
Originally Posted by jupiter07 View Post
As is - she entered illegally - I would think it means - she entered without inspection. If she had a visa I don't think she would 'enter illegally'.
__________________
Regards,
S K Ghori
skg@vex.net
http://www.vex.net/~skg/

**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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  #9  
Old 5th January 2009, 01:32 PM
gduran gduran is offline
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Posts: 2
We are in Oregon, and her mom and the rest of the family cross the border illegally. (Mountains)
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