Legal Question in Immigration Law in Virginia

filing I-130

I am a US citizen. I just got married and I wanted to file petition for my wife but my wife

entered this country without inspection 3 years ago she also has a 6 year old daughter back in El Salvador .what should i do?? does she have to leave the country?? what is the process?


Asked on 8/07/07, 10:05 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: filing I-130

Yes, your wife, as an illegal immigrant who entered the country without inspection, should leave the U.S. and return to El Salavador, whereupon you could then file the I-130 in her behalf.

Filing the petition while she's still here in the United States illegally would likely result in the denial of the petition and, perhaps, even worse, her possible arrest and detention for deportation proceedings.

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Answered on 8/13/07, 10:01 am


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