Legal Question in Immigration Law in Pennsylvania

immigration

My wife and I met 3 yrs ago while she was on vacation to the US with family. She was here on a 90day visa. Long story short she overstayed her visa by more than 12 months. When we realized the trouble it would cause she immediatly went back home. 6 months later I went down to spend time with her and we got married in her country. Now we are trapped in limbo because there is a 10 yr penalty for the overstay on her visa. We haved applied for a waiver but I'm told we need to show EXTREME hardship to get approved. What should I do we have been working on this for about 18 months now.


Asked on 7/24/07, 9:27 pm

2 Answers from Attorneys
Bonnie Moses Dessen, Moses & Rossitto

Re: immigration

As long as she entered the country legally, and you are a US Citizen, you should be able to file for permanent residency. Unless there is some penalty specific to the type of Visa she entered with, I don't see why she wouldn't be eligible to file.

If you contact my office for a free phone consultation I can get more specifics from you and verify this, as well as explain your options. Please contact my office at 215_242_3830 for an appointment with me. Just mention the Law Guru site to avoid the consultation fee.

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Answered on 8/03/07, 1:16 pm
Bonnie Moses Dessen, Moses & Rossitto

Re: immigration

As long as she entered the country legally, and you are a US Citizen, you should be able to file for permanent residency. Unless there is some penalty specific to the type of Visa she entered with, I don't see why she wouldn't be eligible to file.

If you contact my office for a free phone consultation I can get more specifics from you and verify this, as well as explain your options. Please contact my office at 215_242_3830 for an appointment with me. Just mention the Law Guru site to avoid the consultation fee.

Adam M. DeJohn, Esq.

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Answered on 8/03/07, 1:17 pm


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