How can I start to apply for citzenship for my wife? 7 Answers as of July 11, 2013

My wife and I have a baby together. My wife was brought here when she was a baby and she has been in the U.S. ever since. I want to start fixing her papers so she can become a citizen. We would like to know how to get everything started.

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
Was your wife brought here with or without a visa? How old is your baby? I have been in practice in the immigration field for more than 40 years. I have handled cases with experience, integrity, and good effect.
Answer Applies to: New York
Replied: 7/11/2013
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
If your wife entered the U.S. illegally, even as a baby, the legalization process is complicated and long, if it is possible. You need to consult with an immigration attorney to provide more information. Your education, profession, medical condition, family and many other factors will be relevant in her legalization. Call me for a free consultation.
Answer Applies to: New Jersey
Replied: 6/13/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
First step is the family petition form (I-130). You should consult with an immigration lawyer. Best of luck.
Answer Applies to: Texas
Replied: 6/13/2011
Fong & Associates
Fong & Associates | William D. Fong
It depends on your wife's status and how she entered the US. If she overstayed a visa, it will be forgiven under section 245(a). If she entered EWI, she will need to be grandfathered for section 245(i) or will need to leave the US and apply for a waiver along with her immigrant visa application. The waiver is discretionary and granted based on an extreme and unusual hardship to a US citizen spouse or child.
Answer Applies to: Texas
Replied: 6/13/2011
The Jarrett Firm, LLC
The Jarrett Firm, LLC | Patrick Jarrett
If your wife entered the US without inspection, then you have limited options for her to adjust her status to get a green card. You first need to determine if she qualifies under 245i processing. This would require a petition filed on her behalf prior to April 30, 2001 and her physical presence prior to December 20, 2000. If she does not qualify under 245i, you will have to request a hardship waiver. You should speak with an immigration attorney to discuss your options.
Answer Applies to: Georgia
Replied: 6/10/2011
    Lyttle Law Firm, PLLC
    Lyttle Law Firm, PLLC | Daniella Lyttle
    More information is needed to answer this question. We need to know how she came in to the U.S., her current immigration status, etc. The best thing that you can do for yourself is to have a consultation with an immigration lawyer. In about an hour, a lawyer can help answer all your questions and get you on your way to residency. Feel free to call us if you want to set up a consult.
    Answer Applies to: Texas
    Replied: 6/10/2011
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    This depends on a couple of different questions like how did your wife enter the U.S., when she did that, and whether she or her parents have ever filed any petitions or other applications with the immigration service. A U.S. citizen can file an I-130 petition for his wife and then she may be able to simultaneously apply for permanent residence, but only if she entered the U.S. legally with a visa. If that didn't occur, then she is generally not eligible to apply here in the U.S. UNLESS she has something called 245i, meaning that either she or her parents filed something before April 30, 2001 and have physical presence in the U.S. in December of 2000. If no, then the petition can still be filed, but your wife would have to leave the U.S. to pick up her immigrant visa at the U.S. Embassy in her home country. She would likely need a hardship waiver for her unlawful presence. There may also be a possibility that she could apply for something called cancellation of removal but this can only be applied for before the immigration court, requires 10 years of physical presence and exceptional and extremely unusual hardship to a qualifying U.S. citizen or Lawful Permanent Resident spouse, parent or child. should take the time to meet with an experienced attorney.
    Answer Applies to: Virginia
    Replied: 6/10/2011
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