Legal Question in Immigration Law in New York

Naturalization through marriage

I have just married my partner of 2 years and we are expecting a child. She came to this country from Peru 9 years ago and remained in the US even after the expiration of her visa. She has been employed throughout her residency, has been enrolled in school, and she has a bachelors degree from a University in Peru. What is the process for her gaining legal status? Will she need to leave the country during this process? How will her undocumented status affect this process?


Asked on 1/22/08, 3:15 pm

1 Answer from Attorneys
Patrick Klauss Berd & Klauss, PLLC

Re: Naturalization through marriage

Dear Sir,

Your spouse may be eligible to apply for adjustment of status without leaving the U.S. if she has proof of being inspected upon her entry into the U.S. Of course, she would have to satisfy the other requirements for adjustment of status as well.

The process would require you to file an I-130 petition and adjustment of status application concurrently with USCIS.

It is advisable that you consult with an immigration attorney before applying for any immigration benefits.

Good luck.

Read more
Answered on 1/22/08, 3:34 pm


Related Questions & Answers

More Immigration Law questions and answers in New York