Legal Question in Immigration Law in Georgia

The simple answer is that it is possible-- although her coming here illegally might make it difficult to "adjust" her status. It also depends on what you mean when you say she came here illegally (e.g., whether she came here without inspection, overstayed her visa, etc.). There may also be a waiver available in your situation. In any case, it will require a much more thorough analysis.

I would suggest you contact Ms. Yenniffer Delgado, who focuses on immigration matters, at 404-939-5553 or [email protected].

DISCLAIMER: Although I am an attorney, absent a signed retention and engagement letter, I am not your attorney. There are no exceptions to this rule. Moreover, you shall not rely on the information I am providing you, as it is only for your general knowledge and educational purposes. Consider it a good first step in your knowledge acquisition, but not legal advice. Indeed, my analysis is based on the extremely limited facts you have given me, and new facts could substantially alter any answer I give.

Yes, she can. However, if she came to USA illegally (without a visa), she will have to go back to her home country to apply for a visa and a waiver of inadmissibility. She is not eligible for a process called "adjustment of status" IF she came to USA illegally 5 years ago.

Being married for 4 years and having 2 US citizen children should help her to obtain a waiver (you should keep in mind that grant of a waiver is not always possible, and it'd be required to show an extreme hardship to you and the kids before she is given a visa).

Email: Attorney [@] law-visa-usa.com

Web: www.law-visa-usa.com

It depends on whether she qualifies under 245(i) or has to undergo the waiver process with an interview back at the US embassy in her home country.

You may find detailed information on the waiver process here and you can contact me for a free consultation anytime.

http://www.msclaw.com/immigration-waivers.html