Legal Question in Immigration Law in California

Marriage and not in deportation process

My name is--name removed--and I just recently married an hispanic lady from Mexico who is illegal here in California. She has been here 25 years and has a valid social security number and has been working here the past 18 years and has been filing tax returns here also. She also has a california drivers license. About two years ago she purchased a house here in California. She currently has an approved I130 that was filed by her sister. I have been told that for her to receive a visa number could take as long as ten years. And I was also told by CIS that I could file an I130 as her spouse but that she would have to return to mexico for three years before we could file to have her status adjusted and they said she would still be facing possible deportation. She has four children two are legal US citizens and two are not. Two of them were born here. Please advise,


Asked on 9/20/05, 3:48 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: Marriage and not in deportation process

Assuming your wife entered the U.S. illegally 25 years ago, if the I-130 filed by her sister was filed on or before 4/30/2001, then she can stay here and adjust her status. She can benefit from "grandfathering" if you petition for her yourself (assuming you're a citizen) without waiting for the visa number of the sister's I-130 to be current -- thus bypassing the sister's I-130. If it was filed after that date, then, at this point in time under the law, she'd have to go back to Mexico for the interview at the US Consulate, but they can waive the 10-year bar (not 3 years!), if she shows sufficient extreme hardship (which means she'll need hard-core legal representation to have any chance of winning).

On the other hand, if your wife entered the U.S. legally with a visa 25 years ago or was inspected, then this is an easy case if you yourself simply petition for her now (again, assuming that you're a citizen).

Liem Doan, Esq.

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Answered on 9/20/05, 10:16 pm


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