question about form I-130

[reyesv5 0]

Question #14 is :If Relative is currently in the U.S. complete the following:

He or she arrived as: I put without inspection

Below it asks for I-94 Arrival Departure record which I've never had so I leave blank. but next to that it asks Date Arrived:. Do I still need to put a date even though I arrived without inspection? Also if I do need to, do I put the very first date I entered without inspection (as a child) or do I put the most recent time I entered, which was 3 years ago?

Thank you in advance!

[engineer21 51]

Well usually it is the date of last entry. But in your case I don't think it will matter.

Once you file to adjust status, USCIS will ask you to prove legal entry, which you don't have.

I think you will need a waiver.

Because of your illegal presence, you are currently considered inadmissible, meaning once you leave the US you will incur a 10 year ban from coming back.

A lawyer might be a good idea at this point.

[reyesv5 0]

Thank you for answering my question! So I need to put my last date of entry into the U.S.. I've actually have been to 2 different lawyers since I was denied back in 2007 (I was 20 years old and did a cr2 through my mom, denied for unlawful presence). Basically I've been told I'm S.O.L. for lack of better words. I was told to either go back and have to wait 10 years (which is not an option since I've lived here my whole life and have a husband and baby here) or pray that the DREAM Act gets passed, (not going to hold my breath). I'm in a peculiar situation I guess you can say. Two years ago I found my biological father whom is a USC and he has contacts with a Congressman whose immigration office is trying to help me get my status changed somehow. They advised my husband to start my immigration process all over again through him as my sponsor, and they will try to get a hold of my local USCIS office to see if we can change my unlawful presence, I think that's what's going on anyway. Thank you once again!

[engineer21 51]

Yes, your best option is to adjust through your husband and file for hardship waiver (form i-601)

Your bio father can't do much because married sons and daughters of USC have a long wait (upwards of 10 years more for certain countries)

Your husband will have to prove extreme hardship for your admissibility to be excused.

Good luck!

[canadian_wife 1,822]

Engineer21 - reyes5' is unable to adjust status in the US because of the illegal entry.

Reyes5 - you need to answer all questions honestly and accuratly (they know the answers anyway, let's avoid any reason for misrepresentation). You are in the US, put that they are in the US and estimate the date of arrival. Where it asks for the I-94 then you can enter "illegal entry" or "EWI" or "Entray without inspection".

The Dream Act (according to Laural Scott - scottimmigration.net) is unlikely to pass this year. It is an election year and depending on the results of the election..well, focus on filing the I-130. A congressman cannot change your illegal status. You entered illegally. Your best bet is cancellation of removal which would need you to have been put into removal proceedings to begin with - something that is difficult to do.

If you haven't already, consult a good immigration attorney. Laural Scott has free immigration chats on Wednesdays.

In the mean time, file the i-130 with the local office and your spouse as the sponsor.

Good luck

[engineer21 51]

Engineer21 - reyes5' is unable to adjust status in the US because of the illegal entry.

Reyes5 - you need to answer all questions honestly and accuratly (they know the answers anyway, let's avoid any reason for misrepresentation). You are in the US, put that they are in the US and estimate the date of arrival. Where it asks for the I-94 then you can enter "illegal entry" or "EWI" or "Entray without inspection".

The Dream Act (according to Laural Scott - scottimmigration.net) is unlikely to pass this year. It is an election year and depending on the results of the election..well, focus on filing the I-130. A congressman cannot change your illegal status. You entered illegally. Your best bet is cancellation of removal which would need you to have been put into removal proceedings to begin with - something that is difficult to do.

If you haven't already, consult a good immigration attorney. Laural Scott has free immigration chats on Wednesdays.

In the mean time, file the i-130 with the local office and your spouse as the sponsor.

Good luck

Sorry, yes, no AOS just i-130 thru husband, thank you for correcting.

I wasn't sure if she has to leave and file from her home country or not if she is already here.

[pushbrk 12,898]

Sorry, yes, no AOS just i-130 thru husband, thank you for correcting.

I wasn't sure if she has to leave and file from her home country or not if she is already here.

She has to leave to interview for the visa that will be denied, then wait for a ruling on the waiver request but the I-130 can be filed while she's here.

[sachinky 465]

You cannot adjust your status from EWI because you have no 'status' to speak of. To AOS, you need lawful entry into the U.S.

You will have to file for CR-1/IR-1 through your husband which will also be denied at the interview due to your illegal entry. You will incur a 10 year ban which can only be waived by your USC husband if he is able to prove sufficient hardship.

[reyesv5 0]

We're taking this one step at a time. My husband is the one talking to the person in the congressman's office, so I'm not positive what the next steps are but, the I-130 is what we were told to complete at this point. We have had no hope for the past 3 years that I would ever get some sort of chance in getting my residency, but the people that are helping us seem somewhat opimistic.

[payxibka 10,045]

We're taking this one step at a time. My husband is the one talking to the person in the congressman's office, so I'm not positive what the next steps are but, the I-130 is what we were told to complete at this point. We have had no hope for the past 3 years that I would ever get some sort of chance in getting my residency, but the people that are helping us seem somewhat opimistic.

You have a path to immigration but it is a long and complicated one. A congressperson cannot short cut or speed up the process, but they can possibly give you guidance or resource ideas.