Legal Question in Immigration Law in California

My wife attempted to cross the border in 2001, when she was 18, but was caught, fingerprinted and returned to Mexico (she is Guatemalan). The same day, she attempted again and successfully crossed the border. She had no choice but to come to the US because her mother came to the US a month prior and she had no where to live. So she had to follow her. In 2003, my wife voluntarily returned to her country of Guatemala. In February 2007 we got married in Guatemala and I applied for the spouse visa, since I am a US citizen, in the US after the marriage. Due to the long processing time awaiting for the spouse visa, we applied for a visitor visa in the mean time at the embassy in Guatemala in August 2007. They denied her a visitor visa because they saw she attempted to cross the border in 2001. We applied again the next day hoping for a different answer from a different agent, and this time we told the truth that yes, she lived in the USA from 2001-2003. They denied the visa again, and issued a 10yr ban. Since we lost all hope of being together and getting my wife with me to the US, since I couldn't and wouldn't live in Guatemala due to her step dad being murdered and the unsafe living environment there, my wife crossed the border in September 2007. In December 2008 we had our child born here in the US.

So, the obvious question is, with all the new laws I hear that are taking place, do we have a chance on her staying legally?


Asked on 9/04/12, 11:11 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

I do not see a chance of your wife being able to adjust status at this time. The law has not recently changed to allow adjustment of status for spouses of U.S. citizens who have entered illegally.

I am not sure if a Waiver of Inadmissibility would be possible in her circumstance, but I encourage another Immigration Attorney to comment on this issue.

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Answered on 9/04/12, 11:25 am


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