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drjb101

Petition for Alien Relative rules

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I was wondering if my spouse of 3 years was brought to the US as a child are we able to use the I-130 form to apply for her status as an alien relative and start the process to make her a citizen? Or is there another form that we should be using to move towards her citizenship?

Thanks

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How was she "brought" here? If illegally, meaning crossing the border without inspection, then unless she's under 19, she cannot ultimately get her green card here but must leave the U.S. and apply in her homeland, which will trigger the 10-year bar against her when she leaves. Unfortunately, there is no excuse just because someone came illegally as a child with their parents.

You can file the I-130 for her but all that does when it's approved is to establish that she is the wife of a U.S. citizen (assuming you're a citizen). But the 10-year bar is a huge problem. One can get an extreme hardship waiver but it's a crapshoot. Read my blog article on the topic.

Now, on the other hand, if she was brought here by her parents with a visa (was inspected at entry), she can get her green card here, and many forms, besides the I-130, are used to accomplish that. See my article on this type of "easy" case.

Larry L. Doan, Esq.

Be sure to visit our blog - http://GuruImmigration.wordpress.com

www.GuruImmigration.com (click on Contact Us)

Note: The above response is provided for legal information only and should

not be construed as legal advice, nor to create an attorney-client

relationship, which can only be established through payment of

consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has

been screened. If follow-up advice on your specific situation is

desired, please visit our blog site

http://GuruImmigration.wordpress.com for more details.

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