Legal Question in Immigration Law in New York

i am alegal perma nent resident i filed for my wife the i130 was approved now we got a letter from the visa department saying its time to process papers the said her priorty date is near it was filed march 2009 the i130 shouldnt it take like three years because i am not a citizen and do she have to go back home she is from jamaica wi or can i fiile a i160 for her to stay here


Asked on 9/01/10, 12:15 am

3 Answers from Attorneys

Nicklaus Misiti Misiti Global, PLLC.

You should really hire an attorney to handle this for you, particularly if your spouse was here illegally for any length of time. 601 waivers are very difficult even for attorneys to get approved. Please feel free to contact me for a free consultation.

Regards,

Nick Misiti

Misiti Global, PLLC

716 830 7960

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Answered on 9/06/10, 4:37 am
Luba Smal Smal Immigration Law Office

Your wife is not eligible for adjustment of status at this time because she is in USA illegally and failed to go back to Jamaica when her visa expired.

Yes, the priority dates now are moving very fast. This is not unusual.

If she came to USA on a valid visa, an option could be for you to become a USA citizen, so she can apply when you are a citizen.

I suggest you consult a good immigration lawyer (not a 'notario' or 'specialist') because this situation can be either 'saved' or 'damaged beyond repair'.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at Attorney @law-visa-usa.com and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 9/06/10, 9:12 am
Alexander Tsiring The Tsiring Law Firm, P.C.

There might a few options, but more information is needed.

There can be either a waiver option or if you become a citizen - then depending on how your wife entered USA, she might be able to adjust her status here.

You can contact our firm if you need further assistance.

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Answered on 9/07/10, 8:24 am


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