Legal Question in Immigration Law in Arizona

Mrs. X arrived in USA 9 yrs. ago with a 90 day fiance visa; from Siagon, Vietnam. As she was to marry a man whom had sponsored her and he 'LEFT HER AT THE ALTER'. Now she has never as much as committed Jaywalking since her arrival 9 yrs. ago. And has been happily married (to a real Man, whom she met during the first days here. As well they have a 6yr old daughter, both husband and daughter are US Citizens. Now even after filing all of the apropiate forms and applications with the INS to change status,,,,, Mrs. X. was DENIED any kind of a fair resolve. Being illegal, she can't work; or drive a car, and is limited as to what she is legally permited to do. We want to know if you could assist us in this matter? We would appreciate any help regarding her situation. Thank You, Sincerely, Mr. & Mrs. C. David Whitten


Asked on 10/01/10, 11:04 am

2 Answers from Attorneys
Latangie Williams Law Office of Latangie Williams, P.A.

She may be eligible for a waiver of inadmissibility. Please call me at 1-800-408-5818 to schedule a telephonic consultation or email me at [email protected].

Read more
Answered on 10/06/10, 11:25 am
Luba Smal Smal Immigration Law Office

Mr. & Mrs. C. David Whitten:

She is not eligible for a green card through adjustment of status. Unfortunately, the law is very strict to those who came to USA on Fiancee visas and for any reason didn't get married and didn't adjust status based on a marriage to a Petitioner. Under the law, she was required to return to her home country if she didn't marry a petitioner.

If married to a US citizen, a husband can petition for her, however, she is not eligible for a green card/permanent residency unless she goes abroad to Vietnam and applies for an immigrant visa. Please keep in mind that it's a complicated process, and a visa will be denied unless an extreme hardship waiver is granted.

Please keep in mind that if you applied for adjustment of status with USCIS and it was denied, she can be referred for deportation to Immigration Court.

There is no easy or fast solution in this situation. You should consult and retain an experienced immigration attorney and not a 'notario' or paralegal.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

Read more
Answered on 10/06/10, 11:26 am


Related Questions & Answers

More Immigration Law questions and answers in Arizona