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Complicated Case, looking for little direction....

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  • Complicated Case, looking for little direction....

    I imagine we will need a attorney for this, but I thought I'd present the case here for any suggestions or direction on the matter:

    This pertains to my wife, we have been married for over 10 years now.

    -She entered the US through a tourist visa in the early 80's as a child.
    -Parents started the citizenship path through the '86 Amnesty Program, but never completed the citizenship process.
    -Has a Social Security Number (through the Amnesty Program)
    -Long expired Alien Card (through the Amnesty Program)
    -Valid CA DL License
    -Expired British Passport
    -No criminal history
    -Married for over 10 years to US Citizen

    The big caveat to all this is (at least I think it is), in the 90's, she left the country for a family emergency in Scotland. She reentered the country through a tourist visa, which is now considered long overstayed. She has not left the country since.

    Question is, what are we looking at to get her to a permanent status/US Citizen?

    We are trying to avoid the scenario of having her to leave the country for any extended period of time.

    Thank you for any advice.

  • #2
    Originally posted by CaliLife View Post
    I imagine we will need a attorney for this, but I thought I'd present the case here for any suggestions or direction on the matter:

    This pertains to my wife, we have been married for over 10 years now.

    -She entered the US through a tourist visa in the early 80's as a child.
    -Parents started the citizenship path through the '86 Amnesty Program, but never completed the citizenship process.
    -Has a Social Security Number (through the Amnesty Program)
    -Long expired Alien Card (through the Amnesty Program)
    -Valid CA DL License
    -Expired British Passport
    -No criminal history
    -Married for over 10 years to US Citizen

    The big caveat to all this is (at least I think it is), in the 90's, she left the country for a family emergency in Scotland. She reentered the country through a tourist visa, which is now considered long overstayed. She has not left the country since.

    Question is, what are we looking at to get her to a permanent status/US Citizen?

    We are trying to avoid the scenario of having her to leave the country for any extended period of time.

    Thank you for any advice.
    If she last entered legally, and you are a citizen, she should be able to just do Adjustment of Status, assuming she has no other issues you have not mentioned like fraud or misrepresentation on any of her entries or false claim to US citizenship when getting a job or anything like that.

    Does she still have her I-94 from when she last entered as a tourist?

    This is my personal opinion and is not to be construed as legal advice.

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