Legal Question in Immigration Law in California

Spouse Entered U.S. Illegally

My spouse entered the U.S. in 1993 via tijuana. In 1998 she left to Mexico due to a death in the family. When she returned in 09/1998 she was detained by border agents for attempting to enter the U.S. illegally. At the time, she did not have legal status (undocumented), yet presented documents stating that she was another person and was a legal citizen (false documents). She was deported.

In 2001 we married and I (U.S. Citizen) petitioned for her to obtain legal status in the U.S. Our case was denied because of her only error in presenting false documents.

Please note that I am a U.S. citizen and our 2 daughters are also U.S. Citizen and if she was ever deported, we would suffer financially. As of date, we have not received a deportation notice. What can we do to overcome this? Please note that aside from that incident, she has never committed a crime/felony/ or even a traffic ticket. Please help.


Asked on 1/15/08, 2:47 pm

2 Answers from Attorneys

Joshua Hale Hale Law Group

Re: Spouse Entered U.S. Illegally

This is a matter that you need to talk with an attorney with immediately. You have a very difficult issue, and should not simply get answers on the internet. You need a legal professional to help you through this.

JDH

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Answered on 1/15/08, 3:07 pm
Michael Cho Law Offices of Michael Cho

Re: Spouse Entered U.S. Illegally

You'll like have to apply for multiple waivers as part of the petition for lawful permanent residence. The waivers are adjudicated at Ciudad Juarez.

This is a matter you'll want an attorney to prepare a well-documented and thoroughly researched petition and waiver application(s) for.

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Answered on 1/15/08, 3:15 pm


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