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  1. #1
    Join Date
    May 2011
    Posts
    4

    Default How to Get Legal Status After Two Illegal Entries

    Okay, so I'm now married to an immigrant. She entered the US in 1993 with her family illegally through the border. Her grand father at the time filed the I-130 for the whole family.

    Her father and mother fixed their status and got the I-245 form for her. However, she went back to Mexico in 2000 (shes was 17 when shes was married) and was married in Mexico to her resident there.

    Her daughter was born in Mexico and she was pregnant with her son. Due to abusive nature of the father she crossed back into the US in 2003 to get away from him (she was 20) with her daughter (pregnant with her son).

    She divorced her husband in the US and recived full custody of the children. Shes been here for 8 1/2 years, now we are married. Can I adjust her status at this point? what are our options?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: My Wife Entered Twice into the U.S. Illegally and I Want to Fix Her Status

    You should speak with an immigration attorney; she is here illegally, entered illegally and is actually subject to a ban from reentry. There is obviously proof that she's been here, so she can't really leave and pretend that she wasn't never here.

    She will have to leave at some point, but not before you speak with an attorney.

  3. #3
    Join Date
    May 2011
    Posts
    4

    Default Re: My Wife Entered Twice into the U.S. Illegally and I Want to Fix Her Status

    Okay thanks, So we did talk to a couple of lawyers. Most of them said different things. but they did agree that it would be better for here to wait two year more before trying (because she has been here 8 yrs). But one lawyer stated that he had pretty much the same situation and won the case . But he said there are no guarantees. But let me ask you, how flexible are judges with scenarios like this . I mean, base on the fact she left to escape and harmful environment and all? im in Arizona, does that make a difference?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: My Wife Entered Twice into the U.S. Illegally and I Want to Fix Her Status

    Mexico generally isn't considered to be dangerous in the legal/immigration sense - had she escaped from Haiti, for example, she would like have a much better chance at staying for that reason. If she truly left a harmful environment, it doesn't make sense that she didn't do something back then. See where I'm coming from?

    The attorney is correct in saying that there's no guarantee. I will say that the odds are not in her favor at the moment - there is a strong chance she'll be leaving, and then she'll need to apply for a hardship waiver.

    read more here

    Please keep contacting attorneys. And be prepared - this could end up very, very costly.

  5. #5
    Join Date
    May 2011
    Posts
    4

    Default Re: My Wife Entered Twice into the U.S. Illegally and I Want to Fix Her Status

    I def see your point. We Let me ask you when she can back to the states she was diagnosed with post traumatic stress disorder. So if she went back to mexico, not only would the x try to find her but also her condition would flare up and cause more medical issues. Would the law take this into consideration? thanks for all of your help!

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: My Wife Entered Twice into the U.S. Illegally and I Want to Fix Her Status

    Has she been diagnosed and is she being treated by a US physician?

    Does she have medical records to prove she has PTSD?

    Perhaps more importantly - does she have proof of abuse from when she was in Mexico?

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