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Joy&Junior

My husband came in ilegally to the USA

By Joy&Junior in Waivers (I-601 and I-212) and Administrative Processes (221g)

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Joy&Junior Newbie

Joy&Junior   0

Posted
Filed: K-3 Visa Country: Brazil
 Timeline
Posted

My husband came in ilegally to the USA and after one year we met and got married. We now have a baby together and he is still in the USA. I have already filed for his paper work and he will be going back to Brasil in August because the interview will be there. Can they hold him in Brasil as a penalty for coming into the USA ilegally? What will happen? Does anyone have any info?

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eric_and_teresa Proficient

eric_and_teresa   10

Posted
Filed: Citizen (apr) Country: Guatemala
 Timeline
Posted (edited)

They wont "hold" him in Brazil because its not the brazilian government responsibility to enforce the immigration laws of the U.S.

BUT your husband will be banned from entering the U.S. again, because he entered the country ilegally. How long has he stayed in the U.S. ilegally?

I suggest you consult with an specialized immigration lawyer.

Edited by eric_and_teresa

APPLIED FOR NATURALIZATION 07/2021

08.01.2011 - I-751 SENT

08.05.2011 - Check cashed

08.08.2011- NOA Received

08.19.2011 - Biometrics Letter Received

09.12.2011 - Biometrics Appointment

01.27.2012 - Card production ordered

02.01.2012 - 10 year GC Received

07.25.2021 - N400 filed online

08.09.2021- Biometrics re-use notice

04.18.2022- Interview done at Minneapolis USCIS Local Office   ✔️ Received N-652 "Congratulations your application has been recommended for approval" during the interview.

05.19.2022- Oath Ceremony in MN

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Joy&Junior Newbie

Joy&Junior   0

Posted
Filed: K-3 Visa Country: Brazil
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They wont hold him in Brazil because its not the brazilians government responsibility to enforce the immigration laws of the U.S.

BUT your husband will be banned from entering the U.S. again, because he entered the country ilegally. How long has he stayed in the U.S. ilegally?

I suggest you consult with an specialized immigration lawyer.

HE HAS STAYED HERE FOR 3 YEARS. WE'VE TRYED TALKING TO A LAWYER BUT THEY WON'T TAKE HIS CASE. :angry:

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sara..... Mentor

sara.....   371

Posted
Filed: IR-1/CR-1 Visa Country: Egypt
 Timeline
Posted

wow i dont even know what to suggest i know that they do penalize for over stay of a visa by banning u for so many years but i have no idea what they do about coming illegally and getting married to a citizen and having a child together.........but for sure dont think i would submit any papers for his immigration until talking to an attorney that will at least give u and idea about what is going to happen

My husband came in ilegally to the USA and after one year we met and got married. We now have a baby together and he is still in the USA. I have already filed for his paper work and he will be going back to Brasil in August because the interview will be there. Can they hold him in Brasil as a penalty for coming into the USA ilegally? What will happen? Does anyone have any info?

opps i read it wrong i see u have already applied for his immigration with paper work u really need to talk to a very good immigration attorney and see what they suggest ............................before he leaves the usa

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BexandAlan Collaborator

BexandAlan   0

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
Posted (edited)

I'm sorry to not be able to offer any different advice but I agree with everyone else you really need to consult an immigration lawyer. There will be someone willing to take on the case but be aware it may cost you.

Good Luck

xxx

Edited by BexandAlan

I-129F

12.03.08 ~ NOA1

12.05.08 ~ NOA2

06.06.08 ~ Packet 3

18.06.08 ~ Packet 4

25.06.08 ~ Medical

11.07.08 ~ Interview - Approved!

22.07.08 ~ POE Atlanta

K1 = 3months, 29days

AOS

07.11.08 ~ NOA 1 - AOS, EAD, AP

24.11.08 ~ Transferred to CSC

28.11.08 ~ Biometrics

31.12.08 ~ EAD/AP Approved :)

23.03.09 ~ RFE

06.04.09 ~ RFE response delivered to CSC

22.04.09 ~ Card production ordered

01.05.09 ~ Conditional GC arrived in the mail

Permanent Residence = 5months, 15days

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Mononoke28 Grand Master

Mononoke28   135

Posted
Filed: Citizen (apr) Country: Colombia
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Posted

An immigration lawyer doesn't have to take his case, but they can still give you an idea of what will probably happen to him when he goes to Brazil for his inteview. Many of them give free phone consultations.

My guess is that since he came here illegally, meaning, he didn't come in through an airport with another type of visa, he will be penalized in Brazil and will have to stay there for an X amount of years regardless of whether he is currently married to a US citizen and has a child with her.

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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eric_and_teresa Proficient

eric_and_teresa   10

Posted
Filed: Citizen (apr) Country: Guatemala
 Timeline
Posted

Why is that? There are many immigration lawyers out there.

You could file for a waiver, but I really think you should consult with a lawyer before your husband departs, so he can tell you when and how to file for the waiver.

APPLIED FOR NATURALIZATION 07/2021

08.01.2011 - I-751 SENT

08.05.2011 - Check cashed

08.08.2011- NOA Received

08.19.2011 - Biometrics Letter Received

09.12.2011 - Biometrics Appointment

01.27.2012 - Card production ordered

02.01.2012 - 10 year GC Received

07.25.2021 - N400 filed online

08.09.2021- Biometrics re-use notice

04.18.2022- Interview done at Minneapolis USCIS Local Office   ✔️ Received N-652 "Congratulations your application has been recommended for approval" during the interview.

05.19.2022- Oath Ceremony in MN

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msu17 Proficient

msu17   0

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
Posted

Completely agree, you need to get a lawyer. Be persistent and keep calling them until someone (reputable and good) takes the case. Once he gets to Brazil, he could face a ban on re-entering the US. Are you filing a K-1 (since its posted here)? In that case I hope he's not actually your husband yet!

Timeline

AOS

Mailed AOS, EAD and AP Sept 11 '07

Recieved NOA1's for all Sept 23 or 24 '07

Bio appt. Oct. 24 '07

EAD/AP approved Nov 26 '07

Got the AP Dec. 3 '07

AOS interview Feb 7th (5 days after the 1 year anniversary of our K1 NOA1!

Stuck in FBI name checks...

Got the GC July '08

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eau_xplain Experienced

eau_xplain   2

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted (edited)

When he goes for his interview in Brazil, his visa will be denied. But, he will be allowed to submit a request for a "waiver of inadmissibility" plus a hardship letter that would present arguments as to why such a waiver is needed. The letter will list all the hardships that the USC will face if the sponsored immigrant is not allowed into the US.

Check out the 601 topics here and also www.immigrat2us.net.

Edited by eau_xplain

08/17/08: Mailed N400 to TSC

08/19/08: USPS attempted delivery

08/20/08: TSC received N400

08/21/08: TSC cashed check

09/02/08: Received NOA...........Priority date: 08/20/08

..............................................Notice date : 08/22/08

09/02/08: Received Biometrics Notification

09/18/08: Biometrics completed - Charlotte DO

10/24/08: Received Interview Letter

12/08/08: Interview @ 1:00pm. APPROVED!

01/05/09: Oath Ceremony 10:00AM. Now officially a USC!!!

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

01/17/09: Applied for US Passport and passport card

01/28/09: Received US Passport

01/29/09: Received US passport card

01/29/09: Received naturalization certificate back from passport office

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esperanza161 Newbie

esperanza161   0

Posted
Filed: Other Country: Mexico
 Timeline
Posted
When he goes for his interview in Brazil, his visa will be denied. But, he will be allowed to submit a request for a "waiver of inadmissibility" plus a hardship letter that would present arguments as to why such a waiver is needed. The letter will list all the hardships that the USC will face if the sponsored immigrant is not allowed into the US.

Check out the 601 topics here and also www.immigrat2us.net.

we had a friend that done the same thing and he had a lawyer, but he was advised not to go back until he has appt. with the consulate.

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JeroenAndMichelle Proficient

JeroenAndMichelle   28

Posted
Filed: Citizen (apr) Country: Netherlands
 Timeline
Posted

I too would advice a lawyer... I just did a quick search on Google and learned that what he did might not only result in a long term ban from the states, it might also end up in a jail sentence... It is really advised you get a lawyer on this case.

also, read a few things like these: http://en.wikipedia.org/wiki/Illegal_immig...e_United_States it contains some links which might be of interest to you.

N400 Timeline:

12/14/11 - Sending out N400 package

12/19/11 - Received by USCIS

12/21/11 - NOA date

12/22/11 - Check cashed

12/27/11 - Received NOA

02/06/12 - Received yellow letter (pre-interview case file review)

03/13/12 - Placed in line for interview scheduling (3 yr anniversary)

03/17/12 - Received interview letter

04/17/12 - Interview - No decision, application under further review

04/17/12 - Biometrics

04/25/12 - Placed in line for oath scheduling (so I'm approved yay!)

04/27/12 - Received oath ceremony date

05/09/12 - Oath ceremony!!

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LadyJane Community Regular

LadyJane   1

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

I'm assuming that you are doing paperwork for a CR1/IR1 visa? Your husband is having his interview in Brazil because you've stated on the I-130 that he is currently living in Brazil? Otherwise you would have filled out the I-485 (adjustment of status) paperwork and the interview would be at your local USCIS office. If you could please let us know which route you are going, that may help us help you.

I concur-get a lawyer.

CR1 application

I-130: 03/26/2007-07/02/2007 at NSC

NVC: 07/20/2007-11/08/2007

Interview at Montreal Consulate: 01/18/2008

(2 months' additional security checks)

Received Green Card: 05/12/2008

Removal of Conditions

I-751: 2/25/10-

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MaRob Collaborator

MaRob   0

Posted
Filed: AOS (apr) Country: Cameroon
 Timeline
Posted

Thats the trick.. they get you to leave the country for an "interview" in your home country, deny the visa, and put a ban so you can't come back into the country...

Get an attorney!!

04/16/2007 - I-129F Mailed to TSC

04/24/2007 - Official NOA1 Date

08/10/2007 - NOA2!!!!!!!!!!!!!!!!!!!

10/17/2007 - INTERVIEW (PUT IN AP)

02/18/2008 - VISA ARRIVED IN MAIL!!

02/28/2008 - Arrives in the U.S.A!!!

03/15/2008 - Wedding Day!!

04/10/2008 - AOS Package Mailed (almost 1 year to the date later)

04/11/2008 - Received in Chicago

04/17/2008 - Check cashed

04/19/2008 - 3 NOAs received!

05/09/2008 - Biometrics Appt in SATX

05/14/2008 - Case transfered to CSC

06/11/2008 - EAD & AP Approved CRIS email

06/17/2008 - AP received in mail

06/21/2008 - EAD received in mail

01/21/2009 - FINALLY AOS APPROVED!!!!!!!!!!

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rebeccajo Grand Master

rebeccajo   14

Posted
Filed: Other Timeline
Posted
Thats the trick.. they get you to leave the country for an "interview" in your home country, deny the visa, and put a ban so you can't come back into the country...

Get an attorney!!

It's not a 'trick'.

Uninspected entrants are ineligible to adjust status from within the United States.

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