My wife's AOS-Green Card application has been rejected based on unlawful stay in US. In 2001 when my wife came to US her I94 was blank - no expiry date was entered on that. Here Visa was stamped upto 2006 in passport. Based on that fact our lawyer advise us that we don't need to file for her extension. She can stay in US until her stamp visa expires. In 2007 she went to our native county and get new extension stamp in passport and re-enter into US.
Only at time of AOS process they denied her application stating she was unlawfully present in US from 2004 to 2007 and leaving country has triggered 10 year bar against her. And re-entering in US consider as unlawful present in US as per section 212(a)(9)(B)(i)(II) you will be inadmissible to US.
1. IS this mean she can't re-enter into US for lifetime?
2. Currently she is in US. In that case can USCIS initiate her deportation process?
3. IS there way to know whether her deportation process has initiated?
4. After staying for 11 yrs in US; we are fine with leaving country with our two US born kids. But is there way to fight for life-long ban on re-entering into US?
I know it's many questions but really looking for some guidance in this.
Thanks in Advance,