Thanks for taking your time to help me with this, I am a US Citizen but my wife entered the country illegally when she was 4 years old with her Mom, weve been together for 6 years and married for 2 + years, we have a 3 year old baby..
My question is, can I help her become legal in the country? And what forms should I fill out?
Thanks again for your time.
(incorrect information removed)
I assume your wife entered the US illegally before 2000, so she is eligible for 245i and she is eligible to get a GC through you. 245i eligibility is NOT based on the date of entry. Its based on physical presence in the US on 12/22/2000 and a priority date of 4/30/2001 or earlier. If the I-130 has not been filed yet she is NOT eligible for 245i.
I stand corrected. TheRealCanadian is right. That changes the equation for you dramatically and there is pretty much nothing she can do. She can apply for a waiver of the ban based on exceptional hardship depending on her country of origin, but thats a long shot. I will edit the incorrect info above.
Wife illegal in the country