Ask a Lawyer -- Immigration
Question 19

Question: My son just got married to a girl from Honduras who entered illegaly to the U.S. (First time in the U.S. with no criminal background.) But she got here less than a year ago. I understand the law says if the person that enter illegaly have been in the U.S. more than a year. What do this mean? Can we applied for I-130 before the year is over??? From: Lidia, Texas 06/26/2008 Response: Even if your daughter-in-law goes back now if she was unlawfully present for more than 6 months she faces a 3 year bar to re-entering. If she has been here over 1 year then she faces a 10 year bar. But if your son is a U.S. citizen these bars can be waived with the filing of an I-601 waiver at the U.S. consulate in Honduras. It is a complicated process and she will have to spend many months outside of the U.S. at this point but it is better than 3 or 10 years outside of the U.S. I would advise you consult with a knowledgeable attorney on this issue as soon as possible. Submitted by: Ana Maria Schwartz, Austin, TX  Web site for Ana Maria Schwartz Add A Comment

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