Legal Question in Immigration Law in California

She might apply for an immigrant visa at the embassy of her home country with an I-601 waiver application. Please note I-601 waiver application is subject to USCIS's discretion. We suggest you to consult with an immigration attorney.

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The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

Depending on how long ago she entered without inspection she could potentially return to her home country and then you could consider having her apply for a K visa to enter lawfully to get married and process her green card or to enter as the spouse of a U.S. Citizen while her permanent residence is pending. A waiver may be required as provided by the other attorney in this post.

Note that it is important to speak with an immigration attorney to fully understand your situation before taking any such actions. One example of why this is important is because when a who is here without visa status leaves the U.S. they potentially trigger the 3 and 10 year bars to re-entry.

This information is merely introductory background immigration information and is not to be taken as immigration advice of any kind on any individual immigration case. Additionally, use of this information does not create an attorney-client relationship.

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