Legal Question in Immigration Law in New Jersey

I am an illegal immigrant in the uk but my wife is a perminant resident in the US. I was once caught by the uk immigration authorities and I was made to report to the immigration service once every month. My wife wants to file for a green card for me but the problem is would it work if the US authorities found out my immigration status in UK? If I go back to my native country and apply as a fresh candidate, will the US know about my stay in UK cos I'm told they share data on immigration and I had my thumb print taken. Please what can I do to join my wife.? I have no criminal record.


Asked on 12/07/09, 2:49 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Yes, your permanent resident (green card holder) wife can file a petition for you. However, you will have to wait at least 4-5 years OR until she becomes a USA citizen in order for you to become eligible for immigraton to USA.

On the other note: where does your wife live - in USA or UK? As a lawful permanent resident, she is required to establish permanent residency in USA and can't spend longer than 6 (or 12) months abroad. If she does, first of all, she may loose her eligibility to become a US citizen in the near future; secondly, she may loose her green card.

Of course, when applying for an immigrant visa to USA you will have to disclose all your prior residences, work for the past 10 years; your education; your criminal record, etc.

If you�d like to schedule a confidential telephone or email legal consultation, or need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and assist in matters of U.S. immigration law to clients from all States, as this is the matter of U.S. federal law.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn�t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 12/12/09, 1:38 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Yes, the US and UK do share data on immigration. They have done so for years.

The fact that you were illegal in the United Kingdom and they have your thumbprint is a very serious matter.

The United Kingdom has a record of your being in that country.

You should adjust your status in the United Kingdom before you file a petition to come to the United States.

Patricia Martin-Gibbons

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Answered on 12/17/09, 1:59 pm


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