Rockdale, TX Immigration Law Firms & Lawyers

You aren't allowed to stay for 180 days.  The 180 day rule merely means that you aren't barred from returning until you have overstayed by that long.  You still may be denied re-entry for having overstayed even by a day, and you are deportable at any time you are out of status.  You should leave immediately after receiving notice that your final appeal has been denied.

First question, are you a U.S. citizen? Second question is what is the purpose of your wife's coming to the U.S. Is she coming for a visit, is she coming to stay a while and would need authorization to work, or is she coming here for good? Third, what is her citizenship? Citizens of many European countries do not need any visa to come to the U.S. temporarily for business or pleasure (no employment permitted). If she is from a country citizenship of which does not come with such a perk, she can request a B1/B2 visa - and the consul will not ask her whether there are criminal charges pending in the U.S. against her husband. However, as a wife of an American (either a citizen or a permanent resident), she will be have tough time convincing the consul that she has no intention to stay in the U.S., to become an immigrant. If you wife would not be able to get a B visa, or if she intends to come to the U.S. for a long time or permanently, you would have to file for an immigrant visa for her (in effect, for a green card) or for a K visa. If you are a U.S. citizen, you have the right to petition the government for an immigrant visa for your wife - regardless of any criminal charges pending against you, or even a criminal conviction. The only problem with your petition that might arise from your criminal trouble is that, if you go to jail, you will not have the income necessary to sponsor an immigrant. If it happens, you will need to find a co-sponsor. Co-sponsor does not have to be your relative; only legal residence in the U.S. and sufficient income/assets are required. Finally, if you are not a U.S. citizen, only a permanent resident, conviction on a drug charge will result in a loss of your permanent resident status. Depending on the circumstances of the case, you might prevail in a fight against deportation - but until you do, you will not be able to sponsor your wife for any visa.

At a minimum, you have to get married to your girlfriend in Mexico and then she has to submit an I-130 petition on your behalf. After the petition has been approved and your visa application is complete, you will be scheduled for a visa interview at the US consulate. After in the interview, you will need to file waivers on form I-601 for unlawful presence and I-212 for having been previously deported. It usually takes about 1 year for the paperwork to be processed before you get the initial interview.