Legal Question in Immigration Law in Washington

I am filing for my green card. I am a pastor on an R-1 visa expiring in 2010. I am also filing for my wife who has been overstaying here in the US for 9 yrs and has never left the US since she arrived here in 2001. I came over in 2004, adjusted my status and applied for an R-1 visa and got it. We have been married for 24 yrs. I have been advised not to give so much economic reasons for this petition, so I am exhausted of ideas and I need some good, valid and legal reasons to convince the immigration dept why they should waive her overstaying her visa. I need some real good and convincing reasons as to the extreme hardship I will face if she has to leave the US. I NEED THIS URGENTLY AS THIS WINDOW OF OPPRTUNITY WILL CLOSE IN SEPTEMBER 2009. Could you please list or document your legal and convincing reasons.

THANK YOU.


Asked on 7/22/09, 3:43 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

It seems that your wife is not eligible for any visa or a green card as she is in USA illegally. If you are not a USA citizen or permanent resident, but a pastor on R-1 visa, she is not eligible for a waiver of unlawful presence.

Instead of making mess of this situation on your own, you shall at very least consult a qualified immigration lawyer who can possibly assist you with your application for adjustment of status (green card). You should realize that your wife can be deported/removed from the USA if she is not found eligible for whatever immigration benefit she applies.

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Answered on 7/27/09, 3:59 pm


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