What happens if my spouse just remains here illegally while waiting for the F2A quota to become current?
If a person remains in the U.S. in “unlawful status” for more than 180 days, and then departs voluntarily, they must remain outside the U.S. for three years before they may immigrate. If they are here more than 12 months in “unlawful status” the penalty is ten years. Most violations of nonimmigrant status render people ineligible to adjust status in the U.S. The principal exception to this rule involves applications and petitions that were filed before January 14, 1998. In those cases, it may be possible to pay a $1,000 fine and remain in the U.S. to apply for immigrant status. If a person is not eligible to adjust their status, then they must go abroad to apply for an immigrant visa at a U.S. consular post in their home country. If they have remained in the U.S. in “unlawful status” for more than 180 days, they will be subject to the three year (or worse) bar on return. It is possible to apply for and receive a waiver of the three year bar. One should not count on it being granted, ho
