Immigration Issues/my wife

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Question
I am a America citizen. My wife is a Mexican citizen and illegally in the U.S. We have a 5 year old daughter who was born in the U.S. I filed form I-130 and I am waiting on a decision. I want to take my wife and daughter to Italy to visit family. If my wife became a Italian citizen how would I change the status on the I-130 or do I have to start the process all over again?

Answer
Dear Corrado:
Firstly, I am sorry about the situation your wife is in; however, please understand - since your wife is in the United States illegally for more than a year she would have a 10 year bar to enter the United States from the date of her departure.  Please see:   

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_r

Immigration, however, came out with a regulation of submitting an I-601A Provisional waiver where you may file form I-130 and after approval file I-601A and wait for its approval and transfer to the concerned consulate having jurisdiction to leave and take the interview process.  But, please be informed that there is no set time frame of processing time for the I-601A Waiver yet.

Second scenario, as stated bu you, that what if your wife becomes an Italian citizen? In this situation she would have to go through the waiver process as well because of her unlawful presence in the United States (I-601 waiver).  There is no guarantee whether it would be approved at the consulate level; she might get stuck for a long time.

It is very unfortunate that currently there is no law to assist you in this situation but teh "Provisional Waiver."  The reform act would have helped but it has been stalled.  

Best wishes,  

Immigration Issues

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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