Legal Question in Immigration Law in California

Re: Big Case.

Absolutely, but this matter is complex because of her overstay and you should get an attorney. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

Re: Big Case.

Certainly, you can petition for her if she's your wife but the problem is that there simply are not enough visa numbers each year for spouses of legal residents. Visa numbers are running about 4.5 years behind right now for all nationalities except for Mexicans, which are about 8 years behind. The petition has to be filed but it only reserves a priority date in line for her and no application for green card can be started until the priority date becomes current (that is, when a visa number is available). IF you become a citizen in the next few years, then she can start the application for green card right away regardless of whether her priority date is current, and without having to leave the U.S. It will be a quick and relatively easy process at that time if the marriage is bona fide.

Larry L. Doan, Esq.,

(Straight-talking on Immigration Law at www.GuruImmigration.com)

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.