Legal Question in Immigration Law in California

Can my wife use her ITIN in order to supply tax i.d. so she can work or will she get into legal trouble for dong this? I am a U.S. Citizen and she came here without a visa or inspection(illegally) over four years ago. Also, if I were to process her papers to adjustment of status is there anyway she could opt to stay here in the U.S.?


Asked on 9/15/09, 2:16 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

She can't work on ITIN without a proper work authorization.

If she came without inspection 4 years ago, unfortunately, she is not eligible for adjustment of status. Yes, you can petition for her, and then she will have to go back to her home country to process a visa and a waiver of inadmissibility (because upon departure from USA, she'll become inadmissible for 10 years).

If you'd like to schedule a consultation, please let me know.

Web: www.law-visa-usa.com

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Answered on 9/15/09, 2:26 pm


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