Can I keep my spouse stay illegally in the US until I become a US Citizen, then only apply for her adjustment of status? 8 Answers as of August 08, 2013

I am a Green Card holder and I understand that the waiting period takes around 3 yrs time for my spouse green card application. But, we cannot be separated for such a long period of years. I want to know if I keep her stay illegally in the US until I become a US Citizen, then only apply for her adjustment of status, will there be any consequences?

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The Islas Muñoz Law Firm, PLLC
The Islas Muñoz Law Firm, PLLC | Pamela Genghiní Muñoz
A of right now the visa category for spouses of lawful permanent residents is current, meaning that if your wife is otherwise eligible to adjust status, there are visas available right now. But you have to apply fast because the visa bulletin may show a backlog again next month.
Answer Applies to: Texas
Replied: 8/8/2013
Law Office of Adebola Asekun | Adebola O. Asekun
You can do most anything you want including to keep your spouse illegally in the U.S. Of course, there is always a risk that your spouse' illegal presence may come to the attention of DHS. If apprehended, your spouse may be subject to removal from the United States
Answer Applies to: New York
Replied: 8/8/2013
Ben T. Liu Law Office
Ben T. Liu Law Office | Ben T. Liu
I hope your spouse was inspected when she entered the US. You should consult with an immigration attorney to go over all the facts and options.
Answer Applies to: Michigan
Replied: 8/8/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
Your wife can apply for a green card without you having to become a US citizen this months an probably next month if she is currently in lawful status. You should talk to an immigration lawyer about your case.
Answer Applies to: California
Replied: 8/8/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
Your understanding was correct a months ago - and is likely to be correct again in September (or even next week), but right now, there is no waiting time for spouses of permanent residents. Until USCIS announces that the quota is closed again, you can file the papers for your wife if she entered the U.S. legally and is still in legal status on the date of filing. Try to make sure that all the paperwork is done right because, if it isn't, USCIS can reject it and, most likely, you will not be able to re-file it again until you become a citizen (the quota was not current in this category for many, many years, and is likely to close very soon).
Answer Applies to: New York
Replied: 8/8/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    It is inadvisable for your spouse to be here illegally. She can be subject to removal. She will also accrue unlawful presence. If for some reason you do not become a U.S. citizen, she would be unable to adjust her status here.
    Answer Applies to: New York
    Replied: 8/8/2013
    Katherine Mulvany-Chance, Esq.
    Katherine Mulvany-Chance, Esq. | Katherine Mulvany-Chance
    Hello! Yes! There are certainly ways to do that these days. There are new developments in the immigration laws and policies that help people exactly in your situation.
    Answer Applies to: California
    Replied: 8/8/2013
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    If your spouse overstays her authorized time, she will not be eligible for adjustment of status after your I-130 petition has been approved unless you apply for and become a US citizen first.
    Answer Applies to: Texas
    Replied: 8/8/2013
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