If Iam aUS citizen my wife came here on a B1 B2 visa that has expired, what steps doI take to get her legal?

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If Iam aUS citizen my wife came here on a B1 B2 visa that has expired, what steps doI take to get her legal?

My wife’s mother brought her over when she was 8 years old. She married a Vietnam vet (now divorced) but they never fixed their paperwork and allowed her B1 B2 visa to expire 5 years ago. We have been married for a little over a month and I want to start the process to get her legal. Should I be worried that she will be deported? What are the first steps that I need to take?

Asked on January 10, 2012 under Immigration Law, Texas

Answers:

Dustin Bankston / Bankston Immigration Law Office

Answered 10 years ago | Contributor

As long as your wife has never left the country since her visa expired, she should be able to adjust status.  This is assuming she has no other inadmissibility issues.  

If your wife has left the country, she may be subject to a bar due to unlawful presence.  However, the bar only takes effect if the person leaves the country.  

Without further information, it seems to me you can file an I-130 petition as well as an I-485 to start the process for getting her status.

However, because she is currently undocumented, you may want to check with a lawyer to make sure there are no issues that might get her placed in deportation proceedings.  


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