Green Card Holder Petition for Undocumented wife.

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rickyjkh

Registered Users (C)
Hi everybody,

I have some question regarding to petiontion for my wife. I am a GC holder, I want to file the I-130 for my wife who came to the US on F1. Now she is out of status.
Can I file the I-130 for her now or do I have to wait until I become USC?

If I file now what is the chance that her I-130 get rejected because of her overstay the visa, and what is the chance that USCIS put her in deportation procceding?

Is there any kind of Law that LPR can keep his or her undocumented spouse here in the US without getting deported?

Do anybody know anything about Humanitarian Parol? What is this? Is this apply to my situation?

thank you in advance for anybody who have any idea or advise.
 
Your wife, if illegally present, can be detained and deported. Since you are only a permanent resident you can do nothing.

While you can file for her, she could not adjust status even if she happened to get a visa number because your GC status does not permit "forgiveness" for her illegal overstay.

Her circumstances are unlikely to qualify for humanitarian parole. She just does not want to return to her home country as she said she would.

If she has a D/S date on her I-94, she has not gained time towards a ban.

Please note that there are more reports of ICE looking for illegal overstays of student visas. If she is deported, it will be much harder for her to reenter. She should consider leaving and entering legally either on a dual intent visa or when she receives a GC.
 
Hi Concerned4us,
thank you for your reply. what do you mean by "If she has a D/S date on her I-94, she has not gained time towards a ban." this sentence. Does it mean she won't be ban for overstay her visa?

Any suggestion at this time without having my wife go back home?It's such a painful feeling when you have to sent your wife away from you.
 
rickyjkh said:
Hi Concerned4us,
thank you for your reply. what do you mean by "If she has a D/S date on her I-94, she has not gained time towards a ban." this sentence. Does it mean she won't be ban for overstay her visa?
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Because of the D/S notation, "duration of status", it means she won't be subject to the 3-year or 10-year ban for overstaying ... provided that she leaves on her own or is caught and then granted voluntary departure, and it has been less than 180 days since USCIS has made a determination of her status violation.
 
Correct me if I am wrong. Although a F-1 visa holder has a D/S I-94, the status is actually determined by the I-20 that the visa holder should carry with their passport. So, if the I-20 has expired how can a person still not be subject to the ban just because they have a D/S on their I-94?
 
dhlunar said:
Correct me if I am wrong. Although a F-1 visa holder has a D/S I-94, the status is actually determined by the I-20 that the visa holder should carry with their passport. So, if the I-20 has expired how can a person still not be subject to the ban just because they have a D/S on their I-94?
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It's some technicalities in the law. There is a difference between "out of status" and "unlawful presence". You lose F-1 status if you no longer have a valid I-20 or you stop enrolling in and attending classes (apart from OPT or authorized breaks like the summer, of course). However, it doesn't become unlawful presence until USCIS has made that determination.
 
Thank you everybody for your responding. Just to make sure in my wife condition if she decides to go back home, she won't be ban from entering the US again. Is that right? and in the mean time she just lose her F1 status but she is not illegal right?

What is your suggestion for me? To file I-130 for her now or just wait until I become a USC? Is there any difference between this two route?
Let say if she got caught and put in removal proceeding, can I do anything to keep her here since get both got married.
 
rickyjkh said:
Thank you everybody for your responding. Just to make sure in my wife condition if she decides to go back home, she won't be ban from entering the US again. Is that right?
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Maybe. There's a possibility USCIS has determined she was out of status but she had not received this notice. Has she moved since she was a student?

Let say if she got caught and put in removal proceeding, can I do anything to keep her here since get both got married.
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No.
 
I honestly think the only way around it (especially that she's currently is out of status) is to wait until you become a citizen. At that time, all overstays and even unauthorized employment is forgiven by USCIS most, if not all, of the time.
 
Hi okalian, If you were me will you file the I-130 for her now or just wait until becoming USC? One more question about the I-130 part 14 what do I have to fill out in this part? I came as and F1 in 2001 get granted asylum in 2004 and become LPR in 2009. what should I fill out for date and admission?
 
Hello The Realcanadian, Thank you for your response.

I heard when the GC hold file I-130 for the spouse and when the visa become available the spouse who stay here undocumented (come with F1 and out of status) have to go back home to process the visa. Is this true? If this is true will it apply to my case if I file I-130 for my wife now and will she has to go back home when the visa become available?

One more question for you, what to I have to fill out on part 14 in form I-130? Thank you inadvance.
 
If this is true will it apply to my case if I file I-130 for my wife now and will she has to go back home when the visa become available?
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if you don't become a US citizen, your unlawfully present or out of status wife will not be eligible to file for adjustment of status. However, if she accumulated more than 180 days of illegal presense (not "out of status" presense), she will be subject to a 3-10 year ban from the US. So, if she leaves the US after a prolonged time in the US, she will not be able to come back. If she is absolutely sure that she is not accumulating any unlawful presense, you can risk it. I wouldn't. That's why people wait till they become citizens, and then their spouses adjust their status without leaving the US. However, if the spouses get caught in the meanwhile, they will get deported or will voluntarily depart, and once again will be subject to the ban. But then, if I were her, I wouldn't be here illegally at all.
 
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