Legal Question in Immigration Law in Utah
My wife came to the country illegally about 4 years ago, but then went back to Mexico, and then came back legally, at which point we met, got married, and got her a green card. We just recently received a letter from USCIS entitled Notice of Intent to Rescind (well, really they put recind, but close enough). At the time of filing for the green card, we didn't realize that that would be a problem. Can we apply for a pardon, or will she have to leave the country?
1 Answer from Attorneys
Why was the "Notice of Intent to Rescind"? Need more facts in order to answer the question. How did she come back legally? How long was she here in the U.S. when she came illegally before leaving? When you say you did not realize "that" would be a problem, are you talking of her illegal presence? If she is able to stay, it will have to be resolved in Immigration Court.
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