Which waiver?

[michelley44 0]

Ok so a little background into my situation I am a USC. My husband of 6 years came into the US illegally from mexico about 91/2 years ago. problem is he was 18 at the time and attempted to use a fake visa. his passport was real just the visa was fake. They of coarse did not let him in! and he crossed illegally a week later. I believe he was banned for 5 years....so after hiring a horrible lawyer who ripped us off he currently has his work authorization for a year and so he is technically here legally. We have our interview coming up on Jan. 15th for adjustment of status, but just fired our lawyer since she spent a YEAR and $7500 just getting the paperwork ready and filed! So my question is now going into this interview alone, I want to come prepared with a waiver should they request one which im assuming they will. So which waiver should I prepare or should I just prepare both just in case? Do we have any chance of our case getting approved??? Oh and a little more background my husband was the last of his family to come to the US and his parents and other family are all here legally except for him which was why he came because he was in Mexico by himself. His USC brother filed for him and that was approved in 1997 but of coarse coming from mexico that case is still waiting for a visa....so his current case is grandfathered to the 97 case and those laws....sorry this post is so jumbled! I also was wondering what type of proof we need to show it would be an extreme hardship....he is the main bread winner in the family and he owns and operates his own company. i only work part time because im getting my BS in nursing so if we didnt have him we would lose our house and everything is that enough hardship!?!?! we also have a 3 year old child....

Thank you in advance for any help you can give me!

[payxibka 10,045]

based on your description it would appear he entered without inspection (EWI)... It is strange that he would even be allowed to adjust status without a departure.....

[emt103c 10]

Okay, I'm worried. It sounds like the attorney has really fouled up the case. It sounds like he was given an expedited removal (5 year ban that you mentioned) and then EWI'd after that?

Could you please give more information in the form of a timeline. . .specifically the month/year that each of these things happened??

It sounds like you are going to be denied at the interview, and I'm really afraid, he might be detained there and deported. This is why you need to get the dates very specific and I would advise consulting with Laurel Scott at www.visacentral.net It often happens that they let someone go all the way to the interview before telling them they were never eligible to apply for AOS in the first place and then deporting them.

In addition, if he was given an expedited removal and then EWI'd afterwards, he would not be eligible for a waiver at all until being outside the U.S. for ten years (thus you would need to CANCEL all paperwork and not set up the interview.) It is a part of the law INA 212a 9 C.

Please be very careful about getting the information and the consultation. Another website with TONS of information on this situation is www.immigrate2us.net

I'm sorry to give you all this information so quickly and in one post, as it is worrysome, but it is important that you follow up.

[michelley44 0]

Okay, I'm worried. It sounds like the attorney has really fouled up the case. It sounds like he was given an expedited removal (5 year ban that you mentioned) and then EWI'd after that?

Could you please give more information in the form of a timeline. . .specifically the month/year that each of these things happened??

It sounds like you are going to be denied at the interview, and I'm really afraid, he might be detained there and deported. This is why you need to get the dates very specific and I would advise consulting with Laurel Scott at www.visacentral.net It often happens that they let someone go all the way to the interview before telling them they were never eligible to apply for AOS in the first place and then deporting them.

In addition, if he was given an expedited removal and then EWI'd afterwards, he would not be eligible for a waiver at all until being outside the U.S. for ten years (thus you would need to CANCEL all paperwork and not set up the interview.) It is a part of the law INA 212a 9 C.

Please be very careful about getting the information and the consultation. Another website with TONS of information on this situation is www.immigrate2us.net

I'm sorry to give you all this information so quickly and in one post, as it is worrysome, but it is important that you follow up.

Ok sorry I know my last posting was not very clear. Thank you for your prompt replys. Ok so he had a brother that filed the I-130 for him that was approved in Feb. 1997. Then in May of 1999 he attempted to enter with the false visa and was sent back to Mexico. About a week after that he EWI. However because of the LIFE act (245i) He qualifies to pay the $1000 penalty for entering illegally. So shouldn't we be ok?

[emt103c 10]

Please do a consult with Laurel Scott or Heather Poole. . .they will be able to give a complete and competent answer to this question. If he has the 9c violation there might still be a problem. I am not experienced enough with 245i to help with this. You will need to contact one of those VERY experienced attorneys.