If my wife is from Mexico and her visa expired last year, what can i do to get her legal?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my wife is from Mexico and her visa expired last year, what can i do to get her legal?

We now have 2 girls.

Asked on December 5, 2011 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you state that "her visa expired..." that suggests that she entered the US, lawfully, with a visa.  If that is the case, even if her visa has now expired, she is eligible for adjustment of status within the US on the basis of a valid marriage to a US citizen.  Therefore, if that is the premise, then you can simply petition for her and, concurrently, she can apply for her green card.  But make sure that she, in fact, entered the US lawfully.  If that is not the case, the process is very different and you should probably consult with an immigration attorney before proceeding.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption