Fillmore, CA Immigration Law Firms & Lawyers

There are several issues surrounding this case. Departing from the U.S. after having been unlawfully present in the U.S. for over 180 days will trigger a 3 years bar to enter the United States. If she stays unlawfully present over 1 year and departs, it will trigger the 10 years bar from the U.S. She will only trigger this upon departure and the only fix is to request a waiver for such ground of inadmissibility at the U.S. Consulate at the time of the visa processing. Due to the current retrogression for spouses of LPR's born in China, her wait can be of several years before she can apply for a visa. There is no guarantee how long it might take and you may be eligible for naturalization before she has a visa available under such preference category as a spouse of an LPR. I'm afraid there won't be any quick way to bring her back to the US as you expected. This is a complex matter which requires further and more detailed legal advice. I encourage you to hire a qualified immigration attorney with experience handling these type of cases.

Most likely, you can. There is a provision in the Form I-864 that lets you cover the difference between your income and the poverty guideline by using your assets - money on accounts in the bank, saving bonds, stocks, equity in real estate, a whole life insurance policy with an accumulated cash value, etc. Anything that can be converted to cash can be counted for this purpose. The value of the assets must be 5 times greater than the shortfall of your income; so, if you are $152 short of the poverty guideline, you need to show $760 in assets. It sounds simple, but the USCIS will look at the assets you declare an might disregard them. For instance, if you put some money into a savings account a week or two before filing I-864, the Service will likely to see this as money borrowed just for the purpose of showing assets. Another advice: don't just *meet *the poverty guideline, try to overshoot it by a comfortable margin. The closer your income+20% of assets come to the guideline, the greater the risk that USCIS would deny your petition. If you can, get someone - a relative or a friend - to sign a second I-864. The second sponsor has to be a U.S. citizen or permanent resident, and has to show income (or income+20% of assets) that would meet the poverty guidelines *independently of your I-864,* as if he or she were the only sponsor. Considering the money and the time that will be lost if your petition gets denied, looking for a second sponsor might be well worth the effort.

Yes you can apply. Burden will be on you to show that you will return as required by the terms of the visitor visa so you must show strong ties to home country such as long term job, active school registration, leaving spouse and children behind, other proof that convinces them you are coming for just a short time and will return.