Can my fiance re enter the country after marriage if she was an illegal immigrant before? 7 Answers as of July 20, 2011

Can my fiancee re-entry this country after I marry her if she was an illegal immigrant before?

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The Law Offices Jonathan D Montag
The Law Offices Jonathan D Montag | Jonathan D Montag
Dear Sir or Madame: I can respond to your question in general terms. Do not construe this response as legal advice as I would have to meet with you and learn a lot more facts about your case to see if the general principles in my answer apply to your specific case or if facts in your case make the general principle inapplicable. Generally speaking: To be able to immigrate to the United States a person must be admissible. Grounds of inadmissibility can be found at INA 212 [8 USC 1182]. Some grounds of inadmissibility pose permanent bars to admission and some can be waived or expire over time. I cannot schedule an appointment through email. Please call me to schedule an appointment.
Answer Applies to: California
Replied: 7/20/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
The answer is yes and no. Yes, she may eventually can enter. But no, she will not automatically receive a visa without a waiver. She has to apply for a waiver before she can be admissible again.
Answer Applies to: Florida
Replied: 7/20/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
NO, she should wait for you to apply for her. There are several issues that may make her ineligible to apply for an immigrant visa. I suggest you contact an experienced immigration attorney.
Answer Applies to: Nevada
Replied: 7/20/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Yes but she will need a waiver.
Answer Applies to: Florida
Replied: 7/19/2011
Kevin Bluitt, Attorney at Law
Kevin Bluitt, Attorney at Law | Kevin Bluitt
If she resided unlawfully in the United States there is a bar from returning, 3 and 10 year bar, depending on how long she was unlawfully present. You will need a special waiver. Consult an attorney.
Answer Applies to: Florida
Replied: 7/19/2011
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    Yes but she will need a well prepared waiver and an immigrant visa. Have you filed the proper forms? (I-130 and the rest of it?) I hope so. Otherwise you will need to start from the beginning. Go to www.uscis.gov and get the I-130. It is pretty self-explanatory. Good luck.
    Answer Applies to: California
    Replied: 7/19/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    It depends on the underlying immigration or criminal violation. Generally speaking she will need a waiver for her to get the immigrant visa issued, which will be based on an extreme and unusual hardship to you as the US citizen spouse.
    Answer Applies to: Texas
    Replied: 7/19/2011
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