I-130 petition

[perfect 39]

Friend has I-130 interview a month ago in Juarez and was told to return in a couple of months for a "pardon" of being in the US previously.

I have never heard of this before.

What does it mean? IS there something he should prepare in advance to take to the interview? Is this just an assumed that he gets pardoned and then gets his visa, or not necessarily.

ANy help or insight would be very much appreciated.

[athena_ny 1]

Friend has I-130 interview a month ago in Juarez and was told to return in a couple of months for a "pardon" of being in the US previously.

I have never heard of this before.

What does it mean? IS there something he should prepare in advance to take to the interview? Is this just an assumed that he gets pardoned and then gets his visa, or not necessarily.

ANy help or insight would be very much appreciated.

Did he enter without inspection or overstay a visa?

[perfect 39]

He entered on a 10 year visitor visa, lived and worked in the US for I don't know how long before he got engaged, continued to enter and leave on VV to visit family in MExico, even after marriage and got caught crossing the border approx 5½ to 6 months after marriage without ever having applied for a spousal visa - was offered and took voluntary departure.

[athena_ny 1]

He entered on a 10 year visitor visa, lived and worked in the US for I don't know how long before he got engaged, continued to enter and leave on VV to visit family in MExico, even after marriage and got caught crossing the border approx 5½ to 6 months after marriage without ever having applied for a spousal visa - was offered and took voluntary departure.

Then yeah, he's going to need a waiver. He overstayed and worked without authorization if he was on a visitor visa, and continued to leave and come back into the country with questionable immigrant intent.

I am moving this to the waiver forum.

[perfect 39]

Is it a foregone conclusion that it will be approved now he is married? DO you know of any likely problems which may make it possble to have it denied? What do they have to do for a waiver of this kind? They have barely any proof of joint lives because they have no lease/home togther, no joint bank accounts, NOTHING other than a couple of shared hotel bills because he has been living in Mexico since being voluntarily deported and she has been visiting him there every weekend.

If the Pardon is denied and a ban given do they have to wait until the ban is done and then reapply from the very beginning, as that would be more $$$ and could mean another two years apart from time of application to time of approval once a ban is served.

Sorry for all the questions but I know nothing about this aspect of the immigration process.

[athena_ny 1]

Is it a foregone conclusion that it will be approved now he is married? DO you know of any likely problems which may make it possble to have it denied? What do they have to do for a waiver of this kind? They have barely any proof of joint lives because they have no lease/home togther, no joint bank accounts, NOTHING other than a couple of shared hotel bills because he has been living in Mexico since being voluntarily deported and she has been visiting him there every weekend.

If the Pardon is denied and a ban given do they have to wait until the ban is done and then reapply from the very beginning, as that would be more $$$ and could mean another two years apart from time of application to time of approval once a ban is served.

Sorry for all the questions but I know nothing about this aspect of the immigration process.

Well, they need to see an immigration attorney for sure. I do not know all the specifics, but I'll help with what I can ...

They will most likely need a hardship waiver; I do not know the number of the form, though. The USC will have to write a hardship letter detailing why moving to Mexico would create extreme hardship (things like not being able to get a job, not speaking the language, etc.).

I have heard that the approval rate for the waivers is high at CDJ, but no, it is not a foregone conclusion that he will be approved now that he is married. That is why they are going to need the waiver - the waiver can be denied, which is why the hardship letter is so important. There is a pilot program for immediate review of these waivers at CDJ though. http://immigrate2us.net/forum/showthread.php?t=2395 has a lot of good information.

The fact they have very little to no proof of a bonafide marital relationship could also be problematic.