Legal Question in Immigration Law in California

I am a born U.S. citizen and legally married my wife in California, December of 2008. She is from El Salvador and entered the U.S. in 2005 without inspection, no visa, no documentation.

Is there anything we can do to start her adjustment of status? Her parents currently live in the country, they have a TPS, her aunt is a legal U.S. citizen and my wife's grandparents have permanent residency. Also, my wife's aunt petitioned for a I-130 for all my wife's family including my wife on May 7, 2002.

Is there anything we can do? Can she stay here while her paperwork is being process or will she be barred from the U.S. for ten years? What can we do? We really want to get something started to have her legally here.

Thank you


Asked on 4/13/10, 9:09 pm

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

At this time only an immigrant petition can be filed. Your wife cannot file the adjustment of status application which will allow her to reside legally. If the earlier I-130 petition by her aunt had been filed on or prior to April 30, 2001, then your wife would have been covered under section 245(i) and could adjust status based on your immigrant petition.

If your wife departs the U.S., she will be barred from coming back to the U.S. for 10 years. Please call our law firm at 212-268-3580 during business hours to discuss the filing of an immigrant petition or email [email protected] for any additional guidance. The benefit of filing the immigrant petition at this time is to establish a priority date, and if more progressive laws are passed in the future, your wife would be immediately able to file her adjustment of status application based on already approved immigrant petition.

Regards,

Ajay K. Arora, Esq.

www.h1b1.com

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Answered on 4/19/10, 6:57 am


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