Lubbock, TX Immigration Law Firms & Lawyers

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is that it is possible. However, be aware that you must file your asylum application within one year of entering the U.S. or else you will be time barred. I strongly suggest that you contact an experienced immigration/ attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.

It will depend on the exact facts of her entry. If she entered without inspection (EWI), then she will need to apply for a waiver of that immigration violation. Currently, she would need to have you file the relative petition, and then she would apply for the immigrant visa at her home consulate at which time the waiver is presented and adjudicated. The problem is that she needs to leave the US, triggering at least the 10 year bar, before she can apply for the waiver. Waivers can be approved in 1 month to 1 years. If not approved, then the applicable bar (3 or 10 years) is in effect. There is proposed legislation to allow for a "pre-adjudication" of the waiver stateside, so she will know if the case is approvable. Check with your immigration attorney for details. These are complicated cases and you should consult with an experienced immigration attorney.