Legal Question in Immigration Law in New York

Re: wife's status

Congratulations on your marriage.

Your wife should apply for permanent residency based on marriage immediately. A waiver of her 'out-of-status' is possible based on the marriage, but a work visa will take some time.

I would be happy to assist you in this matter. Please schedule an appointment through email. Later in the day (and evenings) is best for me because I am often in court.

Re: wife's status

Not having your full information I cannot provide any specific advice to you, but if you are a U.S. citizen and your wife is eligible for adjustment of status (her overstay of I-94 is generally not a problem in this context but she must have entered the U.S. legally), you would file a petition with USCIS on I-130 on behalf of your wife and she would file at the same time an application for adjustment of status (I-485).

If you enjoy "home dentistry", forms are available on www.uscis.gov. You can also find out the government application fees on that website. Keep in mind that filing with USCIS for certain aliens who are not eligible for U.S. immigration benefits may result in adverse action, including removal. If eligible for adjustment, she can also apply for an EAD (work permit) at the same time. Processing times vary but if she does not get in 90 days, she may be eligible to go to a district office in person and request a temporary EAD. She cannot travel outside of the U.S. in the meantime unless and until she obtains an advance parole.

Of course, if she is not eligible for adjustment of status in the U.S., she would need to travel to her home country to do consular visa processing based on her marriage to you.

If you need further information, feel free to contact my offices.

The above response is in the nature of general information, is not legal advice and should not be relied on as such. No client-attorney relationship is formed through this reply.