Legal Question in Immigration Law in New York

My friend of 30 years was laid off from work recently after being employed there for over 20 years. When he tried to get his wife of over 10 years and the kids signed up for Medicaid during this rough period, he wasn't able to produced his wife's birth certificate. His wife's immigration status never arose during their marriage since there were never a need. Can my friend apply for legal immigration status for his wife now and will his wife be at risk for deportation or can her status be processed while they are still together.


Asked on 5/30/10, 12:56 pm

1 Answer from Attorneys
Philip Eichorn Hammond Law Group

The primary issue in these cases is the manner of entry. Your fact patten does not indicate how she entered the U.S. If she entered without inspection, she likely has significant issues and some tough choices to make. If she was admitted with a valid visa, then she may be able to adjust her status. Manner of entry is only the initial issue. She has to be otherwise admissible to adjust. Your friends should retain counsel to determine what's in her best interest.

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Answered on 5/30/10, 4:19 pm


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