Under INA 212(a)(9)(B)(v), "in the case of an immigrant who is the spouse .. of a United States Citizen or of an alien lawfully admitted for permanent rsidence, if it is established to the satisfaction of the AG that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien."
This means that an alien who had unlawful presence in U.S. can apply I-601 waiver of ground of inadmissibility. After the alien's I-130 is approved, the alien may apply for green card through the consular processing if the waiver is granted. However, currently applicants born in China may have to wait more than 4 years before the immigrant visa number under Family-based category 2A become available. By that time, your hu*****and may be already qualified for citizenship. Then your visa number will become immediately available as the spouse of a U.S. citizen.
說難也不難
所有跟帖:
• 非常感謝lawsail2004 專業回複。 -sealion118- ♂ (0 bytes) () 10/14/2007 postreply 20:36:23
• 以I-601申請豁免還是有一定難度,最好不要逾期居留超過180天 -xiaobaitu- ♀ (36 bytes) () 10/14/2007 postreply 20:36:42