Sponsorship Problem...?
Answer:
She can apply for Adjustment of Status, but because she has overstayed, she will need proof that she didn't mean to overstay after her visa expired. An example of that is a job she was going to go back to, an apartment, etc.. If she decides to leave the US, she will have a ban put on her and then her spouse will have to prove hardship, so she can come back in before the ban is taken off of her. The best advice I can give you is to maybe go see a lawyer for a consultation. Its possible to do, for her to stay and apply for Adjustment of Status and isn't hard to do on your own or through a lawyer, but be prepared to pay a lot for lawyer fees. Go to www.uscis.gov & www.visajourney.com for more info or advice.
Maybe, but because she broke our laws it may be harder. Hire an immigration attorney. Do not try to do it yourself.
She will have to get an immigration lawyer. The lawyer may find a way for her to stay here while they wait for the application to go through, but if he/she can't, she will have to go back to her home country and wait until she gets approval and the paperwork to come back here.
No she will have to leave the country and then apply for an adjustment of status. The only way that she can perhaps overcome this is by applying for a waiver of ineligibility due to hardship and if she has a child this does not qualify for hardship...it must be something that is life or death and even those can be denied. She does need an attorney but that is to evaluate her slim to none chances of getting away with no punishment for the overstay. Usually it is 10 months or so.
If she came here illegally and she didn't file paper before 04/30/01, then she is out of luck.
Because your friend came here legally(I know she over stayed), her husband can sponsor your friend. most case they need marriage license from their state, and he has to show that he can support his wife, In most case he has to have income of least 125 % of poverty line. Of course, It has to be a real marriage .
good thing about your case is she doesn't have to go back to her country to do this. petitioner (husband)can start by file I-130.
Good luck. PS: ICE is looking for marriage fraud more carefully. Do NOT TRY IT UNLESS MARRIAGE IS REAL.
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