My spouse has overstayed her B-2 visa. Can she wait for her Form
-130 and Green Card application process inside U.S.?
Starting a green card application process, that is filing Form 1-130
and placing the spouse on the
waiting list, will not give him or her any right to come to or remain
in the United States. Unless a spouse already has a valid
has not stayed past the required departure date, the spouse is expected
to wait in the home country until the priority date is current, before
to claim any immigration rights.
Waiting in the United States
illegally until a priority date becomes current can lead to disastrous
results. That is because accruing unlawful presence in the United
States can lead to an inadmissibility bar of several years long. With
180 days of unlawful presence, the spouse can be barred from returning
to the U.S. for three years; and with one year’s unlawful
presence, the time bar becomes ten years.
The ground of
inadmissibility arises if your spouse
is living illegally in the United States, whether that is due to having
entered without inspection or having overstayed a visa. These penalty bars are
typically placed by the U.S. consulate when the immigrating spouse goes
to apply for the immigrant visa, or green card.