My husband came in ilegally to the USA

[LadyJane 1]

My issue is that there is the possibility that her husband's whereabouts has been misrepresented on the I-130, it doesn't matter if it was intentional or not. The USCIS may view that as another no-no, minor when compared to the illegal entry and stay, but still evidence that the applicant is trying to circumvent legal channels of immigration.

And rebeccajo is certainly correct. You have to have legal status to adjust from. One simply cannot adjust status from illegal entry. Marriage to a USC does enable a legal channel of immigration but, for the reasons stated above, the petition is almost certain to be denied. A I-601 waiver cannot be filled out until after the applicant has been denied the visa at the interview.

[emt103c 10]

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?

The best place for information on this case would be immigrate2us.net . There are members there who have already filed waivers through Brazil and can tell you what to expect.

Do not leave without speaking to a qualified immigration attorney first. The ones who won't take your case are probably doing so because they are not experienced with the I-601 hardship waiver. Consider hiring one experienced in this waiver.

Try www.visacentral.net, looking up Laurel Scott, Heather Poole, etc. The attorney does not need to be in your area because immigration law is federal. These two attorneys are specialists, one in Texas the other in California. It is difficult to find a good attorney for this type of case.

Most probably you will have your interview and be told that he has incurred a ten year ban for which there is a waiver. Either that day or soon after you will be able to submit your waiver package. Look into immigrate2us.net to see the type of evidence you need.

It is a long but do-able process. Good luck.

[Sylvia_n_Joseph 3]

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.

He can't adjust status because he has no legal status to adjust from. There is no way I am aware of for him to do anything without leaving. There will be a ban hopefully just a 10 year. Then the OP will have to file a waiver. It will probably mean years apart as must visas are running about a year with no waviers needed. The immigrate2us site seems to have more data for people with legal issues than this site usually sees.

[Joy&Junior 0]

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.

I AM NOT SURE WHICH ONE WE FILLED, I HAD A LAWYER WHEN I STARTED AND HE CHARGED ME 1000 DOLLARDS JUST TO FILL OUT THE FIRST PART OF THE PAPER WORK AND THEN HE DROPPED THE CASE SAYING HE COULDN'T DO ANYTHING ABOUT IT. I'VE SPOKEN TO THE NVC AND USCIS AND THEY TOLD ME THAT HE SHOULD BE IN BRAZIL. I WONDER IF I SHOULD CALL AGAIN AND ASK IF I HAVE FILED THE RIGHT PAPER WORK?!

[LadyJane 1]

I'm really sorry Joy&Junior about your case. While it seems like it's been handled poorly by your lawyer, I wish that you had a better understanding of your case from the beginning. I would like to strongly urge you to become an active participant in your husband's visa application process, because it does seem to be very serious. You need to learn everything that you can about your case so that you know what are the next appropriate steps.

Do not call the USCIS or NVC again. They are correct, your husband really should be in Brazil during the visa application process.

Read all of the excellent advice emt103c and rebeccajo have given you; read all of the guides here on VJ.

First place to start: demand a copy of all of the paperwork your first lawyer has filed. You have every right to the paperwork. If necessary, file an injunction to get the paperwork. Did you write out checks for the application fees? If so, what was the amount? That will help you figure out what paperwork you filled out.

Next thing: please get another lawyer. If by then, you don't have the paperwork from your 1st lawyer, have your new lawyer call the USCIS or NVC to figure out what is going on.

Good luck.

[rebeccajo 14]

If you request your file from your attorney, State Law requires that he/she give it to you.

Get your file from your lawyer and find out what has been filed so far. You can't begin to make any decisions until you at least know that.