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Is there a possibility that the illegal spouse who has never had a visa will be easily given a green card and avoid the ban? The spouse would fall under the 10-year ban category for the length of their illegal stay in the States.
If illegal spouse was caught and ordered deported, then did not leave within the deportation period (30 days from date of order) and it was less than 10 years ago, the ban is in effect.
If more than 10 years ban should have dropped off but it will come up in the interview.
An immigration lawyer will not help much in these kinds of cases. The law is clear and there is no issue of "misinterpretation"
Not to mention, in cases of consular processing you'd need the lawyer to be present at the green card interview at the US embassy in the foreign country, thus the cost of flying him/her there as well as daily expenses.
If illegal spouse was NOT caught, NOT ordered deported... that's a different issue. But keep in mind... life in the US leaves lots of paper trail and everyone goes through a comprehensive FBI background check. Point being... tell your friend to tell the truth. Even it if might hurt. And to tell that truth immediately. If they change their story half way they've already lost all credibility and any chance of getting that spouse visa.
An immigration lawyer will not help much in these kinds of cases. The law is clear and there is no issue of "misinterpretation"
An immigration lawyer cannot get you around the rules but can address this friend's reckless ignorance and explain what the law clearly says.
OP, you sure your friend isn't just having regrets and looking for a way to "get rid of" her? Lol.
She isn't getting a hardship waiver. If the process was the rubberstamp your friend seems to think it is, there wouldn't be the requirement to return to home country.
On top of that not many lawyers want to get their good name wasted on losing case. Some lousy lawyers may take the case and drag it out for a long time and then say that they can’t do more. Just to take more money of people who usually will not complain due to their status. These lawyers are the lowest of the barrel.
If illegal spouse was caught and ordered deported, then did not leave within the deportation period (30 days from date of order) and it was less than 10 years ago, the ban is in effect.
If more than 10 years ban should have dropped off but it will come up in the interview.
An immigration lawyer will not help much in these kinds of cases. The law is clear and there is no issue of "misinterpretation"
Not to mention, in cases of consular processing you'd need the lawyer to be present at the green card interview at the US embassy in the foreign country, thus the cost of flying him/her there as well as daily expenses.
If illegal spouse was NOT caught, NOT ordered deported... that's a different issue. But keep in mind... life in the US leaves lots of paper trail and everyone goes through a comprehensive FBI background check. Point being... tell your friend to tell the truth. Even it if might hurt. And to tell that truth immediately. If they change their story half way they've already lost all credibility and any chance of getting that spouse visa.
Why do you not post an official link including verse and chapter?
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