ESTA Overstay

#1
In 2009 my wife came from Hungary. We met and got married and she just stayed her. I am American born in Dallas, Texas and we thought she would become a citizen automatically by marriage. As y'all know, it's not so. Here we are in 2019 with an 8 year old American son and my wife is more than a little worried. Trips to 3 different immigration lawyers have helped very little as we don't have thousands of dollars just to get the process started. Should my wife slip into Mexico and cross illegally back into the U.S.? But seriously, I'm not sure what to do. Any suggestions will be greatly appreciated.

Devadeva
 

SusieQQQ

Well-Known Member
#2
She's been illegal for 10 years? Wow, luckily for you spouses of USCs are forgiven just about everything when they adjust status, so her overstay will be forgiven, as will the usual injunction that you can't adjust from ESTA entry. Just file I130 and I485 and proceed. You'l probably wait another year or so and yes there are filing fees.

If she leaves the US she will trigger a 10-year ban for re-entry.
 

1AurCitizen

Registered Users (C)
#3
In 2009 my wife came from Hungary. We met and got married and she just stayed her. I am American born in Dallas, Texas and we thought she would become a citizen automatically by marriage. As y'all know, it's not so. Here we are in 2019 with an 8 year old American son and my wife is more than a little worried. Trips to 3 different immigration lawyers have helped very little as we don't have thousands of dollars just to get the process started. Should my wife slip into Mexico and cross illegally back into the U.S.? But seriously, I'm not sure what to do. Any suggestions will be greatly appreciated.
Illegal immigration, even if mentioned as a joke, is frowned upon here.

Do as Susie above mentioned.
 

cafeconleche

Registered Users (C)
#5
What is the point of leaving and sneaking back in?
She should have, and still can, adjust status to become a permanent resident. That's the only way. Without starting this process, she is at risk of deportation if caught for any reason (even if she is from Europe and not Latin America...).
 
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