What are the chances of getting residency if I file a petition for my wife? 8 Answers as of September 09, 2011

I'm trying to file a petition of residency for my wife. She came in with a visa as if her grandmother was her mom which meant she used another name. She was 6 years old when this happened so she had no control over it. What problems would this bring? Would she have a chance of getting her residency?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
You are able to petition for her, and it will be successful. The document fraud is not something for which she will be held responsible. She is still considered inadmissible, but she will be granted a waiver of inadmissibility once filed, along with her application for adjustment of status. But it is tricky, and she/you will need the help of a skilled attorney. Please feel free to call or e-mail back to me to set up an appointment for me to help you, if you so desire.
Answer Applies to: California
Replied: 9/9/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
Short answer is yes with a waiver. Unfortunately the parent's fraud will be imputed to the minor child. Therefore, she will need a fraud waiver. You will need an experienced immigration attorney to help you.
Answer Applies to: Nevada
Replied: 7/19/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
It is possible to obtain residency under those circumstances, but it is tricky and there are complications. You need to speak with a lawyer to handle this situation.
Answer Applies to: New Jersey
Replied: 7/19/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
She will need a waiver as she entered using a fraudulent passport.
Answer Applies to: Florida
Replied: 7/19/2011
Fong & Associates
Fong & Associates | William D. Fong
You can file for permanent residence but you may need a waiver for the misrepresentation on entry. It is generally approved if you can show that she was a child at entry, there are no other immigration violations and it is a hardship to you if she were to be denied permanent residence. Consult with an experienced immigration attorney.
Answer Applies to: Texas
Replied: 7/18/2011
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    Yes she will but this is a job for an attorney. She will need a waiver for misrepresentation and I do not recommend it be done by laypeople. This could be easy or very hard depending on the way you choose to do it. Good luck!
    Answer Applies to: California
    Replied: 7/18/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    If you are a USC and your wife entered legally, you can file for a green card for her in the US. However if she used a fake or false passport to enter, regardless of age, then under case law, DHS is not considering this a lawful entry in most jurisdictions. This will be a very tricky analysis. You must have a full consult with a competent immigration attorney to carefully review the facts of your wife's case to see if she is barred or eligible.
    Answer Applies to: California
    Replied: 7/18/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    This is fraud. Her visa would have been void because of that. She may have to apply for a waiver before her immigration visa could be approved. This does not sound to be a simple situation. You should hire an attorney to help you with this petition.
    Answer Applies to: Florida
    Replied: 7/18/2011
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