If my wife is from Mexico and her visa expired last year, what can i do to get her legal?

UPDATED: Dec 5, 2011

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If my wife is from Mexico and her visa expired last year, what can i do to get her legal?

We now have 2 girls.

Asked on December 5, 2011 under Immigration Law, California


SB, Member, California / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you state that "her visa expired..." that suggests that she entered the US, lawfully, with a visa.  If that is the case, even if her visa has now expired, she is eligible for adjustment of status within the US on the basis of a valid marriage to a US citizen.  Therefore, if that is the premise, then you can simply petition for her and, concurrently, she can apply for her green card.  But make sure that she, in fact, entered the US lawfully.  If that is not the case, the process is very different and you should probably consult with an immigration attorney before proceeding.

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