When a spouse entered the U.S. without inspection (undocumented), they generally cannot adjust status to obtain a green card within the United States and must undergo consular processing; if they have been present for more than one year, they face a 10-year bar upon departure that requires a waiver taking 3-4 years for approval, making them ineligible for a green card without first consulting immigration authorities and applying for the waiver.
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Spouse Entered Without Inspection?Added:
My spouse was undocumented before we got married and we're filing for their green card. Red, beige, or green flag. It's a beige flag, possibly a red flag, because if your spouse was undocumented when she came into the United States, meaning she entered without inspection, she cannot adjust here in the United States, barring some exceptions, and so she must consc. The problem is if she was here for more than a year undocumented after entering without inspection, she has to leave the country and then she receives a 10-year bar, which means she has to apply for a waiver. And that waiver is taking 3 to four years for approval. So, if your spouse has entered without inspection, undocumented, remained here for years, she's not eligible for a green card. She must consult the process and apply for a waiver before do not apply for a green card. That is a beige to a red
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