Q: Reguarding petition for my wife for residency.
Hello I am a US citizen that wants to petition my wife for residency. My wife is currently a DACA recipient with a US citizen child and no prior criminal history that came to the US at 4 years of age. Do we need an attorney to present us and what are the chances of her getting penalized for being here without inspection and for how much time ?
It is better to have an attorney help you in this situation. She will not get penalized for illegal entry, she could get a waiver for that. Since you are a U.S. citizen the process of obtaining a green card should also be very quick. So talk to an attorney as soon as you can to get started.
All the best.
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15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only and are not meant to create an attorney-client relationship.
Carl Shusterman agrees with this answer
A: Since she entered the US without inspection, she will have to return to her country for her green card interview. You need to start the process by filing an I-130 visa petition on her behalf. After the I-130 is approved, she may have to file an I-601A provisional waiver to excuse her unlawful presence in the US. She will have to demonstrate that you would suffer "extreme hardship" if she were barred from returning to the US for 3/10 years.
A: Since she entered the US without inspection, you will first need to file an I-130 petition on her behalf, then she will need to file an I-601A provision waiver application and, finally, she will need to apply for a green card at a US Consulate in her country.
A: Thank you for your question.
There is a waiver available for the illegal presence, and based on the information you have provided, there is an opportunity for a successful application.
However, there are many factors that weigh in the process of a successful application. I suggest you speak with an immigration attorney who will review the specifics to your case and offer options going forward. There are many immigration attorneys that offer free consultations.
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