Obama Executive Action For Spouses of Green Card holders

juakali

Registered Users (C)
I have a green card but my wife (we were married before Executive order) has been out of status for over 10 years. My understanding is that if there is a Visa available (priority date) then because of Obama Executive Order, my wife does not have to leave the country and possibly face 10 year ban, instead we can file for her while she is still in the US. Is this still true? Is the process still file the I-130 first and wait for priority date to come through
 
No, this is not true. She is not eligible for Adjustment of Status because she is not in the Immediate Relative category and she is not in status. That has always been the case and has not changed and cannot change by executive order.

Unless you become a citizen (which would make her an Immediate Relative), she would need to do Consular Processing abroad, and leaving the US would trigger a ban which would need a hardship waiver. A waiver usually needs to be submitted abroad, but for some people it's also possible to apply for a "provisional" unlawful presence waiver while in the US before triggering the ban. What you may have heard is a proposal to expand the categories of people who can apply for provisional waivers. Right now only people in the Immediate Relative category, and for which the hardship is to a US citizen, qualify to apply for provisional waivers; the proposal is to expand that to all categories of family-based immigrants, and for hardship to USC or LPR relative. This proposal has not taken effect yet and it is unknown when it will take effect, or whether it will even take effect. Note that in any case, an unlawful presence ban waiver (provisional or not) requires showing "extreme hardship" to the USC or LPR relative.
 
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