Petition for undocumented Wife from Citizen husband with a citizen child.

osito

New Member
Hello i'm new to the forums, and I wan to get some feed back from you guys first, to petition my wife.
We from South Carolina in the Upstate area.

Me, 28, I became a U.S. Citizen this year 2017, and was a permanent resident(GC Holder) for 15 year before that.
All of my families are either GC Holders or citizens.

My wife, 27, is undocumented, and she was brought up here, illegally, by her parents from Mexico when she was like a 12 year old kid. Went to middle and high school. have a ITIN tax ID.
She did went back to Mexico by the end of 2012 and came back summer 2013.
On her way back she got caught once by Border Patrol and send her back. they told her she could not come back for 5 years. But she successfully cross the border the next day.
She did work and file 2013 taxes with her ITIN. don't know how that employer allowed it, but it did happened.
None of her family are GC holder or citizen.

We now have an American Child born early this year 2017. .
We're not Officially married, but I do claim as married and file jointly with her using her ITIN since 2015 tax year.. (Common law marriage in SC). Been living together since 2014.


Based on the information provided, what are your guys opinion on my case for petition her?
And if I start a petition case, should we get officially married first or not?
I have deal with overstayed visas from my families. but never a this types of case.
I will really appreciate any info.
 
The biggest problem is that it sounds like she has a 9C ban. If she accrued more than 1 year of "unlawful presence" cumulatively, at any age, and then later entered the US illegally or tried to enter the US illegally, she has a lifetime 9C ban, which cannot potentially be overcome until she has been outside the US for 10 years. She accrued many years of "unlawful presence" prior to her last illegal entry, so she has a 9C ban, and she really has no path to immigrate under current laws (unless she wants to leave the US for 10 years). It sounds like she would have qualified for DACA and thus there may be legislative relief in the future for people like her, but it is uncertain whether such relief would overcome her ban.
 
The biggest problem is that it sounds like she has a 9C ban. If she accrued more than 1 year of "unlawful presence" cumulatively, at any age, and then later entered the US illegally or tried to enter the US illegally, she has a lifetime 9C ban, which cannot potentially be overcome until she has been outside the US for 10 years. She accrued many years of "unlawful presence" prior to her last illegal entry, so she has a 9C ban, and she really has no path to immigrate under current laws (unless she wants to leave the US for 10 years). It sounds like she would have qualified for DACA and thus there may be legislative relief in the future for people like her, but it is uncertain whether such relief would overcome her ban.

Does that's means it will be easier to do a petition for her after the 10 years (9c Ban) are completed from her last illegal entry back in 2013?... so like in 2023?
 
Does that's means it will be easier to do a petition for her after the 10 years (9c Ban) are completed from her last illegal entry back in 2013?... so like in 2023?
First of all, it's a lifetime ban, not a 10-year ban. I-212 for "permission to reapply", if approved, can get rid of the ban but for this ban it can only be filed after she's been outside the US for 10 years, not just after 10 years has passed. If she stays in the US, she will never be able to file I-212 no matter how long she waits.

You can petition her at any time, but a petition is useless if she can't do anything with it. And after a petition is approved, it might get revoked after a year of inactivity, so you have to periodically keep it alive which is a hassle.
 
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