by sceley » Fri Apr 01, 2011 5:50 pm
The laws haven't changed. If the person entered without inspection (illegally), that person is simply not eligible to adjust status, despite being married to a US citizen. The US citizen spouse can file an I-130 petition but the foreign spouse still has to leave the US and apply for a visa from his/her home country. Because of the illegal entry, the person will be deemed inadmissible and will be banned from reentering for 10 years. They have the option to either wait out the ban or have the US citizen spouse try to file an I-601 waiver.