Undocumented Spouse and GreenCardHolder

[DannyP 0]

Hello Folks,

Good Morning..

1. I currently have a Green Card (through employment sponsorship), and will be eligible for citizenship application in about 4 years.

2. I am married - and my wife is undocumented (she overstayed her student visa since 2006).

3. We got married before I applied for my greencard - I indicated my marital status in the I-485 application, but my lawyer advised that we do not include her as a beneficiary, to avoid complications with the overstay issues. (Curiously, during my GC interview, the immigration officer did ask about my wife - why she is not a beneficiary, and didn't probe for any deeper explanation)

4. My lawyer advised that the best option is for her to leave the leave the country, and I could then sponsor her after I have become a US Citizen (though there is a possibility that she could be subject to a 10yr ban).

5. We have an 8yr old son, who was born here and has lived here all his life; to avoid family separation and the prospects of a 10 year ban, wife is still in the country, but living in the shadows.

Questions:

a). Apart from waiting till for the next 4 years to slowly whittle away, and praying that she is not discovered, what options do we have a the moment?

b). Will the recent Executive Action, if implemented be of any help? For example, it is likely my wife would get a reprieve from deportation, but will it my wife's status in any other way? For example, once she qualifies for deferred status, can I put in her sponsorship application (I-130)?

Thanks - DK

[UK_Fan 192]

Your wife is actually documented, she is just currently in the country illegally. That actually makes things not so bad after all. Once you're a citizen, it won't be a problem to adjust.

[aleful 1,905]

hi

bad lawyer, overstay is forgiven when married to a USC, so once you become a USC, you can file for her

if she leaves, she will be subject to the 10 year ban and you will be separated and need to file the hardship letter

with the new executive order, she will be able to get a work permit because of your USC child, you can file the i130 whenever you want, but it is best to wait until you become a USC and file the i130 with the adjustment of status packet

Edited December 7, 2014 by aleful

[Transborderwife 4,666]

No, the new executive action will not likely help her as it appears to have nothing to do with overstays, simply undocumented residents.

[petareño 15]

What a bad lawyer...she can adjust status (I-485) after you apply for citizenship.

[aleful 1,905]

No, the new executive action will not likely help her as it appears to have nothing to do with overstays, simply undocumented residents.

Hi

Incorrect, since they do have a USC child, the executive action is especially to protect more than 5 million parents of USC or LPR children, from deportation

that's the whole issue, they will be given work permits

[khenzee 5]

Thanks to the new executive order, she won't be deported and she is eligible for a work permit so you probably wanna help her apply for that.

[Transborderwife 4,666]

http://www.washingtonpost.com/blogs/wonkblog/wp/2014/11/19/your-complete-guide-to-obamas-immigration-order/

What will Obama's executive action do?

The executive action will have two key components:

It would offer a legal reprieve to the undocumented parents of U.S. citizens and permanent residents who've resided in the country for at least five years. This would remove the constant threat of deportation. Many could also receive work permits.

It would expand the 2012 Deferred Action for Childhood Arrivals (DACA) program that allowed young immigrants, under 30 years old, who arrived as children to apply for a deportation deferral and who are now here legally. Immigrants older than 30 now qualify, as do more recent arrivals.

Undocumented, not overstayed. Op's wife entered on a visitors visa so is therefore not undocumented.

Also see this: http://www.washingtonpost.com/posteverything/wp/2014/11/21/im-an-undocumented-immigrant-from-canada-obamas-new-policy-doesnt-do-enough-to-protect-families-like-mine/

Edited December 7, 2014 by Transborderwife

[Transborderwife 4,666]

http://www.washingtonpost.com/blogs/wonkblog/wp/2014/11/19/your-complete-guide-to-obamas-immigration-order/

What will Obama's executive action do?

The executive action will have two key components:

It would offer a legal reprieve to the undocumented parents of U.S. citizens and permanent residents who've resided in the country for at least five years. This would remove the constant threat of deportation. Many could also receive work permits.

Undocumented, not overstayed. Op's wife entered on a visitors visa so is therefore not undocumented. Edited December 7, 2014 by Transborderwife

[DannyP 0]

thanks for all your help ..

-- wife entered legally on a student visa - so yes, she is illegal now.

-- to be fair to my lawyer, he did advice that the best option is not realistic given the likelihood of a 10 yr ban, hence the advice that we only apply for AOS when I become a citizen (and not even try 130 until I am fully a US citizen).

-- I guess the option is to stay focused, and wait out the 4yr .

cheers, DP

[Transborderwife 4,666]

Danny just remember that she may have an existing deportation order that she doesn't know about. If she's been an upstanding resident chances are slim, but before filing it's best to file a FIOA to find out. In the next 4 years she cannot drive, Jay walk, or anything else that could bring any sort of legal attention to her. Otherwise she'd be subject to a removal order.

[DannyP 0]

TBW, thanks very much - you are right on point ...

she has been an outstanding citizen, but the fact that an outstanding order has been lurking in the shadows has been a concern. And my lawyer even stated that a we should be careful about an FIOA since it may disturb the honest's nest as it inadvertently draw attention to her status.

Thanks again - DP

[Transborderwife 4,666]

TBW, thanks very much - you are right on point ...

she has been an outstanding citizen, but the fact that an outstanding order has been lurking in the shadows has been a concern. And my lawyer even stated that a we should be careful about an FIOA since it may disturb the honest's nest as it inadvertently draw attention to her status.

Thanks again - DP

True, but once you file for AOS any outstanding order would likely be found out as well. Best of luck with whatever you choose.

[DannyP 0]

thanks again -- yes, i realized that is the other danger -- so it is a decision of figuring out whether to do it now or later - comparing the pros and cons of each.

I appreciate your input.

cheers, DP

[Gosia & Tito 199]

Hello Folks,

Good Morning..

1. I currently have a Green Card (through employment sponsorship), and will be eligible for citizenship application in about 4 years.

2. I am married - and my wife is undocumented (she overstayed her student visa since 2006).

3. We got married before I applied for my greencard - I indicated my marital status in the I-485 application, but my lawyer advised that we do not include her as a beneficiary, to avoid complications with the overstay issues. (Curiously, during my GC interview, the immigration officer did ask about my wife - why she is not a beneficiary, and didn't probe for any deeper explanation)

4. My lawyer advised that the best option is for her to leave the leave the country, and I could then sponsor her after I have become a US Citizen (though there is a possibility that she could be subject to a 10yr ban).

5. We have an 8yr old son, who was born here and has lived here all his life; to avoid family separation and the prospects of a 10 year ban, wife is still in the country, but living in the shadows.

Questions:

a). Apart from waiting till for the next 4 years to slowly whittle away, and praying that she is not discovered, what options do we have a the moment?

b). Will the recent Executive Action, if implemented be of any help? For example, it is likely my wife would get a reprieve from deportation, but will it my wife's status in any other way? For example, once she qualifies for deferred status, can I put in her sponsorship application (I-130)?

Thanks - DK

You need to drop this lawyer faster than a bag of fleas.

His advise is not very good. At the very least, get a second opinion.