Thanks in advance for your help.

My wife is from Colombia - we have filed an I-130 one month ago. Her daughter was injured in Colombia and she needs to return. She had overstayed her visa by 1 year before we married. If she decides to return to Colombia to take care of her daughter before permanent residency is granted will she be able to return to the US? I think this is a problem - but what action can we take before she leaves or after she is in Colombia to see that she can re-enter the US and receive her permanent residency?

Dear Anonymous:

Your wife does have a problem. If she leaves the US before obtaining permanent residence, she will be subject to the 10-year bar because she remained in the US unlawfully for more than one year. As such she will have to remain outside of the US until her I-130 petition is approved and she files for an immigrant visa at the US consul in Bogota.

In addition, she will have to file for a waiver of the 10-year bar, which will add an even longer period to the time she must wait before she can re-enter the US. It is also possible that the waiver might not be granted, in which case she could not re-enter for at least 10 years.

You and your wife should discuss this matter in detail with an immigration law attorney before she leaves the United States. Good luck.

After someone received a I 291 and decided not leave the country, will be any possibility to fight with INS avoiding deportation?
The person never commited any crime, good worker and good character the only problem was that the marriage did not worked out and did not make to the interview. The only problem was that the person over stay for more than a year.
I would like to know if a INS judge can be understandable and allowed the person to stay.

Thank you for the information.

Dear Anonymous:

If the person has a final order of removal, that person would have to file a Motion to Reopen and/or Reconsider his or her case.

While it is difficult to get a case re-opened, it is possible under the right set of facts. If the person qualifies for residence, then he or she should speak with an immigration law attorney about the possibility of re-opening the case.

If there is no final order of removal, and the person is eligible for permanent residence, then a Motion to Reopen or Reconsider would not be necessary. Good luck.

I want to marry an Algerian citizen living illegally in the UK.I have e-mailed the US Embassy in London and rec'd a reply that they will not process any visa to come to the US for someone whose residing illegally in the UK.I am a student at a London University and wanted to know if it's possible to first deal with the UK government and get some papers for my then husband that indicates that he is now legal because he is married to me and I have a right to be in the UK as a student.After this my husband-to-be should be able to present himself with some paperwork showing that the UK government is aware of his presence, therefore I can file an I-130 form. Please provide me with and advice and/or feedback.

Thanks