My wife is in trouble.. HELP

L

lostsoul19

New Member
Hi,

I am a permanent resident and eligible for citizenship.
My wife, however is here illegally after overstaying her visitor's visa. She was picked up by ICE on 2003 and given a voluntary departure -- she never left...

Will my filing for naturalization have any adverse effect on my wife and her ability to continue to live here until I am able to sponsor her as a citizen?

Thanks for your help.
 
lostsoul19 said:
Hi,

Will my filing for naturalization have any adverse effect on my wife and her ability to continue to live here until I am able to sponsor her as a citizen?

Thanks for your help.
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It may or it may not. The thing is it will make USCIS aware that she never left after getting VD. Whether they notify ICE and ICE does something about it is another matter. Several people have successfully naturalized and then filed for their illegal spouses without jeopardizing their stay. I think USCIS / ICE deals with it on a case by case basis. I would be more worried about her being able to AOS after you file for her since she already got VD. You will need a good lawyer to get around this.
 
I think you should stop practicing law. If the women has already been given V/D by a immigration judge and didn't leave, the order becomes a final order of deportation. She is a ICE fugitive! She has a active deportation order, she can't adjust while in the United States. She should go home, he should become a USC, and file to bring her back legally.


AzBlk said:
It may or it may not. The thing is it will make USCIS aware that she never left after getting VD. Whether they notify ICE and ICE does something about it is another matter. Several people have successfully naturalized and then filed for their illegal spouses without jeopardizing their stay. I think USCIS / ICE deals with it on a case by case basis. I would be more worried about her being able to AOS after you file for her since she already got VD. You will need a good lawyer to get around this.
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dafortycal said:
I think you should stop practicing law. If the women has already been given V/D by a immigration judge and didn't leave, the order becomes a final order of deportation. She is a ICE fugitive! She has a active deportation order, she can't adjust while in the United States. She should go home, he should become a USC, and file to bring her back legally.
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For one I am not a lawyer and I have never claimed to be one. Now back to the OPs question, Some people with VD agreements have been allowed to AOS sucessfully without leaving the country even after its time run. See the SCOTUS ruling on the matter of Dada v. Mukasey 2008 for more information because you clearly ignorant of the law just like many past and present ICE officers who just love to play GOD.
 
She has a warrant of deportation.

How about this, let them listen to you, you clearly know more than me, and you didn't even attend the Immigration Officer Academy. I hope he listens to you and spents thousands of dollars in legal fees, make that tens of thousands. If you want to get his hopes up by using the term "some people" go right ahead.

Maybe you should re-read the case you cited, the person in that case filed a MTR while the window was still open. In this persons case, that windows has been closed. The courts are not going to grant a MTR after 5 years.


AzBlk said:
For one I am not a lawyer and I have never claimed to be one. Now back to the OPs question, Some people with VD agreements have been allowed to AOS sucessfully without leaving the country even after its time run. See the SCOTUS ruling on the matter of Dada v. Mukasey 2008 for more information because you clearly ignorant of the law just like many past and present ICE officers who just love to play GOD.
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dafortycal said:
*Edited *... She has a warrant of deportation.

How about this, let them listen to you, you clearly know more than me, and you didn't even attend the Immigration Officer Academy. I hope he listens to you and spents thousands of dollars in legal fees, make that tens of thousands. If you want to get his hopes up by using the term "some people" go right ahead.

Maybe you should re-read the case you cited, the person in that case filed a MTR while the window was still open. In this persons case, that windows has been closed. The courts are not going to grant a MTR after 5 years.
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Have you ever heard of i-212 waivers? They can be filed and approved in country depending on the circumstances. If you read my first post on this topic I told the OP he should more worried about his wife not being able to AOS than ICE picking her up but as usual you only see or read what you want to hear.
Just because you attended an academy does not mean you are very bright or learned everything taught.
 
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600 plus NTA's and you ask me if I ever heard of a 212 waiver, yes I have. Someone is going to have a hell of a time proving extremely hardship to the LPR or USC, especially someone who is a ICE fugitive. Judges and ICE don't find them very funny especially after they were granted VD.

You can call me all the names you wish, because in the morning I will sit down with a number of people who will be 100% convinced that I know
immigration law, 212, 238, 237, 241 it really doesn't matter.

287g rocks.... by Friday night, it should be 606 plus :)
 
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Guys,

I didn't mean to cause any discussions, all I want is a honest opinion.

About us.. we have a child that's 3 years old, been married for 4 years, her VD was granted on July 03 so yes, it has been 6 years since she didn't leave.

I can apply for US Citizenship now and I assume that in 6 ~7 months I could have it.

We have also considered very seriously the possibility of her and my son leaving to her country and once I'm a USC then apply for the removal of the bans against her, but like everything it's just a gamble.. Nobody can assure us this is going to go the right way.

Guys, this is a legitimate family situation, there are no scams or anything here.. If my wife and son leave now my wife may not make it back to the country ever again, that would destroy us....

If in fact a I-212 IS an option, I would like to hear more details about it please.. ( without fights please..:eek: )

Thanks Guys, I really appreciate it.
 
lostsoul19 said:
Guys,

I didn't mean to cause any discussions, all I want is a honest opinion.

About us.. we have a child that's 3 years old, been married for 4 years, her VD was granted on July 03 so yes, it has been 6 years since she didn't leave.

I can apply for US Citizenship now and I assume that in 6 ~7 months I could have it.

We have also considered very seriously the possibility of her and my son leaving to her country and once I'm a USC then apply for the removal of the bans against her, but like everything it's just a gamble.. Nobody can assure us this is going to go the right way.

Guys, this is a legitimate family situation, there are no scams or anything here.. If my wife and son leave now my wife may not make it back to the country ever again, that would destroy us....

If in fact a I-212 IS an option, I would like to hear more details about it please.. ( without fights please..:eek: )

Thanks Guys, I really appreciate it.
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1. You need to apply for US Citizenship asap. Even though it risks exposing your wife for not using VD when she had it. That's the only way you can even begin to help your family. It's a chance, but I don't see anyway you can proceed without taking it.

2. Your wife has a final deportation order against her that was triggered by her not leaving on VD. So she won't be able to adjust here status in the US. She will need to go thru consular processing for her green card.

3. She will need a 601 waiver along with her Green Card application. I think she is likely to obtain it based on you and your child being US Citizen. Read up on qualifications for 601 waiver. If she has to leave temporarily, the more of the family that remains in the US the better. That includes the child. After her 601 is cleared. She will Also need an I212 waiver.

4. You need to consult a very competent lawyer about this to see where you stand.
 
That is a sticky situation, but I would go ahead and take a chance with letting USCIS know about any prior mistakes that she may have made..
 
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