Legal Question in Immigration Law in New York

Re: permenant residence

If she entered without inspection, she needs to seek adjustment of status under INA section 245(i). However, only people who are beneficiaries of a petition filed on or before April 30, 2001, are currently eligible for adjustment of status under 245(i).

You should consult with an immigration attorney to discuss other options for your wife. Our firm specializes in immigration law and we would be happy to talk with you.

Best wishes!

Re: permenant residence

You can petition for your wife but she would not be permitted to adjust status in the U.S. because she entered EWI. She will also be inadmissible to the U.S. absent a waiver if she applies for a U.S. visa abroad.

Since you are familiar with this term, you may have heard that this would be a serious issue for her (and, indirectly, for you and your family). One option for her is to depart from the U.S. and seek a visa based on a waiver at the U.S. Consulate in her home country. It is extremely risky, though, because if the waiver is not granted, your wife will be barred from admission to the U.S. for many years based on her unlawful presence. Seek the assistance of a qualified U.S. immigration attorney.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.