Southland, TX Immigration Law Firms & Lawyers

If you remain married, you can apply for citizenship 3 years from the date your green card was issued, not the date you entered the U.S., unless your green card was issued prior to or at the same time you entered the U.S. If you obtain a divorce, you must wait 5 years from the date your green card was issued to apply for citizenship.

Please always specify your own immigration status as that makes a big difference. Assuming you are US citizen or US permanent resident, he may file for cancellation of removal in immigration court. But this type of relief is very difficult to get so professional advise and representation are highly recommended.

If your wife is only barred by her deportation and illegal presence in the U. S. for over a year, the 10 years that she will have spent outside the U. S. will obviate the need for a waiver. If she made a misrepresentation or is excludable under any other provision of the immigration laws, she would require a waiver. The I-129 F fiancée petition has no effect at this time and, since she is already your wife, you would have to file an I-130 petition for alien relative in order to start the process.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.