Green card for spouse

[joes]

I am about to file for a family based green card for my spouse who entered the country legally on an A-2 visa which is now out of status over 5 years. She currently lives in the US. She has no criminal record, has not lied on any forms, passed medical exam.

I am a US citizen, her spouse, and sponsor. I am confident we have the correct forms and supporting documentation, but my concern is that I have heard of applicants having to leave the US for a period of time before approval.


1. I know people in the same situation (but entered on different visa) that received approval in 4-6 months. I have heard stories of people in similar situations that have had to leave the country for a period of time - In what instance would someone be forced to leave?


2. Does it make any difference on what visa one entered the country on? Would results be different for someone on an A-2 visa compared to someone on a J-1 visa?

3. We have listed her work history on form G-325A. Is it likely her employers could get in any trouble as she was not legally employable ?

Thank you in advance !

[rinitka]

3. We have listed her work history on form G-325A. Is it likely her employers could get in any trouble as she was not legally employable ?

I can definitely tell you you should not list the places where she was working if she was working illegaly - it will not only get her employers in trouble, it will get HER in trouble.

[butter]

Your wife, should not have a problem,as she entered the U.S legally even though she overstayed. The problem comes with people who were smuggled in under false documents etc. Do proceed. You should not have any problems. However, I do agree with rinitka, please do not list any of her employers names on the application. Let us know how it goes. Good Luck ! Cheers.

[BigJoe5]

Since she was an A-2, she must include a form I-508 (unless she's French then it is an I-508F) with the adjustment packet to waive diplomatic immunity. As the spouse of a USC who originally made a lawful entry she will be forgiven unlawful presence and unlawful employment. She does have unlawful presence over one year so must not depart the U.S. until she is approved for immigrant status or she will be barred from re-entering for 10 years.

[daru786]

3. We have listed her work history on form G-325A. Is it likely her employers could get in any trouble as she was not legally employable ?

I can definitely tell you you should not list the places where she was working if she was working illegaly - it will not only get her employers in trouble, it will get HER in trouble.

If you lie on your forms, that would be an automatic denial of your petition. Please do not advise anyone to lie in these forums, they will definitely get in trouble.

[joes]

diplomatic immunity

I failed to include Form I-508.


for whom should file, the Form instructions read:

"....seeking to apply for adjustment of status as permanent residents, and who are all working for a foreign government mission in the United States."

I realize this is not law, but she no longer works for a foreign government. Does diplomatic immunity still apply after employment with foreign government terminates and visa expires?

[BigJoe5]

Either they will request it ahead of time or she can bring it to her interview and there is a second form I-566 she'll need also. Neither form requires a fee.

Even if the interviewing officer overlooks the forms, his/her supervisor would catch it and cause an unwanted delay.

[joes]

thank you

Great, thank you