Illegal Entry!!!!

[AlanM 1]

I-601 from Jamaica!!!!!!!!

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Hi Everyone,

Can someone please help me out here, I would greatly appreciate it.

Here's my story:

I came here almost 9 and a half years ago in someone else's passport from Jamaica. The problem is I have absolutely no evidence to proove this and no way of getting any. I guess I will be filing as EWI. I've been married for a year now and I have two kids that are not my husband's. Lawyers advised us that I have to go back to Jamaica for my interview after everything's been filed. Can someone help me get started with this lon process, what information to get to prepare to file the I-130. Has anyone ever filed a case like this without using a lawyer? I know we'll have to prepare a waiver packet but what's the first step,thanks.

Get a lawyer with experience in getting LPR status for illegal aliens. IMO without using a lawyer have a slim to no chance of getting LPR and could get deported.

[vip1 8]

IMO, you can't ajust your status here, for that you must have had to enter USA legally with a valid passport, since you didn't you're in the same positon of ilegal immigrants that cross the border without any inspection. So I really don't think there is a way to change your status, not here anyways.

[Kathryn41 3,205]

Personal attacks are a violation of TOS. The offending post has been removed. If you disagree with a post or poster, please find courteous ways to state your position.

[display name 0]

I-601 from Jamaica!!!!!!!!

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Hi Everyone,

Can someone please help me out here, I would greatly appreciate it.

Here's my story:

I came here almost 9 and a half years ago in someone else's passport from Jamaica. The problem is I have absolutely no evidence to proove this and no way of getting any. I guess I will be filing as EWI. I've been married for a year now and I have two kids that are not my husband's. Lawyers advised us that I have to go back to Jamaica for my interview after everything's been filed. Can someone help me get started with this lon process, what information to get to prepare to file the I-130. Has anyone ever filed a case like this without using a lawyer? I know we'll have to prepare a waiver packet but what's the first step,thanks.

you need to go back in your country jamaica and dont ever cross the border.

[Kathryn41 3,205]

As a consideration for those of you so quick to make judgments about the OP - up until recently it was fairly common in some countries for children under a certain age to be included on their parent's passport. The OP has not provided us with any further details but from the way she is phrasing her question it sounds like she legally entered on some one else's passport - ie, a parent's. She has no proof of this and that is her dilemma. Her children were born before her marriage which is only a year old. Based upon the information she has presented, all she may be guilty of is an overstay.

As reported earlier, judgmental posts are not acceptable! If you do not have anything useful to add to the discussion, then do not add anything!

Edited July 29, 2009 by Kathryn41

[SupportOAFJF 0]

OMG i am so loving these new rules.

to the OP...U MUST NOT LEAVE THIS COUNTRY!!! U WILL GET A BAN AND CANNOT RETURN!!! SEEK A QUALIFIED LAWYER...!! U WILL GET STUCK IN JA IF U THINK U WILL GET AN INTERVIEW THERE!! U HAVE NO WAY TO PROVE UR LEGAL ENTRY..EVEN PAYING THE FINE WILL NOT GUARANTEE U WILL GET AN INTERVIEW...USCIS WILL TAKE PAYMENT..I HAVE HEARD SOME IMMIGRATION PROGRAMS..THAT SAY FILE UR I130 BUT DO NOT ATTEMPT TO ADJUST!!

hope it works out for u..

sorry for the CAPS..

[SupportOAFJF 0]

As a consideration for those of you so quick to make judgments about the OP - up until recently it was fairly common in some countries for children under a certain age to be included on their parent's passport. The OP has not provided us with any further details but from the way she is phrasing her question it sounds like she legally entered on some one else's passport - ie, a parent's. She has no proof of this and that is her dilemma. Her children were born before her marriage which is only a year old. Based upon the information she has presented, all she may be guilty of is an overstay.

As reported earlier, judgmental posts are not acceptable! If you do not have anything useful to add to the discussion, then do not add anything!

absolutely could be true!

[Amor1 0]

Hello. Do not depart just yet. Allow your husband to file the I-130 petition. They will send notice from one of the processing centers. It may take them 4 months or even a year. Stay put. In the mean time, check with local attorneys who can advise you. Go for the free consultations and see what advice they give. Try to find one that has a lot of experience with waivers and knows specifically about filing in your home country. If you cannot afford an attorney, there are local organizations that can assist; they provide free or low-cost legal help.

Yes, this is a daunting situation, but do not despair. Everyone makes mistakes. Just hang in there for your family and yourself. Take things step-by-step and do as much research as you can every day. The people at i2us will walk you through the process. All the best--Amor1

I-601 from Jamaica!!!!!!!!

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Hi Everyone,

Can someone please help me out here, I would greatly appreciate it.

Here's my story:

I came here almost 9 and a half years ago in someone else's passport from Jamaica. The problem is I have absolutely no evidence to proove this and no way of getting any. I guess I will be filing as EWI. I've been married for a year now and I have two kids that are not my husband's. Lawyers advised us that I have to go back to Jamaica for my interview after everything's been filed. Can someone help me get started with this lon process, what information to get to prepare to file the I-130. Has anyone ever filed a case like this without using a lawyer? I know we'll have to prepare a waiver packet but what's the first step,thanks.

This is a tough situation but i hope something works out for you.

[TRELAWNY PARISH 10]

Kimmy -- mi tell ar wah fi do areadi...u know ow di embassy a yard tan areadi

[^KK^ 3]

Hello. Do not depart just yet. Allow your husband to file the I-130 petition. They will send notice from one of the processing centers. It may take them 4 months or even a year. Stay put. In the mean time, check with local attorneys who can advise you. Go for the free consultations and see what advice they give. Try to find one that has a lot of experience with waivers and knows specifically about filing in your home country. If you cannot afford an attorney, there are local organizations that can assist; they provide free or low-cost legal help.

Yes, this is a daunting situation, but do not despair. Everyone makes mistakes. Just hang in there for your family and yourself. Take things step-by-step and do as much research as you can every day. The people at i2us will walk you through the process. All the best--Amor1

This is a very good response. I wish her nothing but the best...

[vip1 8]

First, I want to clarify that I do not judge the OP in any way, or illegal immigrant that cross the borders for that matter, everyone has their own circumstances and is not my job to judge. I sincerely apologized if it sounded that way. Also, I did not know you could have entered legally under someone else’s passport, my bad, i should have researched more i guess. Now, my question is...if he entered here legally under his parent or someone else’s passport, isn't any way to prove this? maybe records in the computer? something in the parent’s passport? I do too agree that if this is the case the OP should not leave the country and try to adjust here. Going back is too risky.

[spookyturtle 9,466]

Hello. Do not depart just yet. Allow your husband to file the I-130 petition. They will send notice from one of the processing centers. It may take them 4 months or even a year. Stay put. In the mean time, check with local attorneys who can advise you. Go for the free consultations and see what advice they give. Try to find one that has a lot of experience with waivers and knows specifically about filing in your home country. If you cannot afford an attorney, there are local organizations that can assist; they provide free or low-cost legal help.

Yes, this is a daunting situation, but do not despair. Everyone makes mistakes. Just hang in there for your family and yourself. Take things step-by-step and do as much research as you can every day. The people at i2us will walk you through the process. All the best--Amor1

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This is excellent advice.

[spookyturtle 9,466]

I tried to edit my reply and add the following:

Contact a US attorney. Laurel Scott at http://www.scottimmigration.net/ or Heather Poole at humanrightsattorney.com are two excellent choices. You will not be able to adjust status without returning to Jamaica and filing a waiver there. You may be able to stay in the US until you get your visa interview appointment in Jamaica and then return to go the interview and begin the waiver process. You will have to remain out of the US until the wavier is approved. You want a lawyer who has had success with waivers filed in Jamaica. You should check out immigrate2us.net, it is the best site for waivers and waiver info.

It is also possible that you could be detained and deported when you go for your AOS interview here in the US. Get some sound legal advice before you leave the country or file for AOS.

[j_e_w_e_l_l_y_n 0]

What you need to do is to NOT file anything. Just hope and pray they will issue an ASSYLUM. It might take years and years but that's the only way you could still stay here.

Once a person used an assumed name in entering the U.S. and immigration found out about it, you will be banned for life. It's fraud that they cannot forgive.

[j_e_w_e_l_l_y_n 0]

ooopss! i found a website that has some answers. sorry.

Note: This is not a legal advice.

found: http://www.asianjournal.com/immigration/at...-be-waived.html

Can entry to the US using a different name be waived?

Tuesday, 18 November 2008 21:58 Atty. Crispin Lozano .617 12345(0 votes, average: 0 out of 5) THERE are cases when the alien entered in another name although they are the same person in the passport.

Example: Delia came to the United States in 1999 using a different name in her passport as her real name. She married a U.S. citizen in Jan. 1, 2001 and an immigrant petition was filed by her spouse in March 2001. Delia’s real name is Rhea. In the I-130 petition, she used her real name and the USCIS discovered this matter when she showed her passport. Can Rhea adjust status and what are the conditions?

Analysis: The law requires that for an alien who apply for adjustment of status, the following is required:

A visa is immediately available.

Must have entered the US legally and have legal status at the time of adjustment application. If applying under Sec. 245 (i) the alien must have entered the United States before December 21, 2000 and an immigrant petition or labor certification must have been filed for the alien on or before April 30, 2001.

The alien is not inadmissible. If she is inadmissible, there must be a waiver of inadmissibility approved.

Application of the Law to Rhea’s case: In this case, the first requirement is satisfied because she married a US citizen and a visa is immediately available for her as the spouse. Since she entered the US under a different name, she is not qualified under the normal law of adjustment of status. She will need to file under Sec. 245(i). She qualified under Sec. 245(i) because she is present in the United States on December 21, 2000 and there was an immigrant petition filed on her behalf before April 30, 2001. Under the third requirement, Rhea is inadmissible because she entered under a different name and this is considered a misrepresentation. She will need to apply for a waiver of inadmissibility to be approved for adjustment of status.

Question: How can Rhea apply for waiver of inadmissibility?

Answer: Rhea will need to file an I-601 waiver and prove that it will be an extreme hardship to her US citizen spouse if her application for adjustment of status is denied.

Question: What should an alien who entered using a different name do to solve their problem?

Answer: The first step is to consult with an immigration attorney who has experienced in this type of cases.