Do I need to wait for visa # for file i485?

[smileysjs 3]

I forgot to mention that he does have visa that he got from comsulate in Georgia or was it NC?.. Probably doesn't make a difference but I thought I'd add it.

[payxibka 10,047]

I forgot to mention that he does have visa that he got from comsulate in Georgia or was it NC?.. Probably doesn't make a difference but I thought I'd add it.

Visa from what country, for what country? The USA has no consulate anywhere inside the country...

[smileysjs 3]

Visa from what country, for what country? The USA has no consulate anywhere inside the country...

mexican consulate in the us

[payxibka 10,047]

mexican consulate in the us

does not help him for US immigration purposes... Mexican government has no influence on USA immigration matters... and vice versa

[JimVaPhuong 4,863]

He's an immigrant that entered illegally about 14 years ago. I married him 7 years ago. I know I know..we waited way too long. So far the i130 has been approved. That's all we've done.

Ok. He can't adjust status in the US because of the illegal entry. The approved I-130 only means he can apply for an immigrant visa at the consulate in Mexico. The 14 years of unlawful presence means he will be subject to a 10 year ban from the US. The clock starts ticking on that ban when he leaves the US. You can get the ban waived if you can prove it will be an extreme hardship to YOU to force him to wait out the ban. You can't apply for the waiver until he's been denied the visa, and that won't happen until he applies and interviews at the consulate in Mexico.

Hardship waivers are tough to get. I hope your lawyer explained all this to you. If your lawyer is still out of the country then you need a new lawyer - preferably one with a lot of experience with these waivers. You are fortunate to be dealing with the consulate in Juarez, which has a Waiver Pilot Program. If you prepare the waiver application in advance (with the assistance of a very good lawyer) he could have his waiver interview within weeks of the visa interview. For applicants in other countries the wait is usually much longer - sometimes years.

[smileysjs 3]

I should mention he was married before and the ex wife did file immigration papers for him. He was supposed to have his interview but didn't show up cause they were separated so the immigration sent him a letter saying he could apply again later.

This was under the George bush law thing

[JimVaPhuong 4,863]

I should mention he was married before and the ex wife did file immigration papers for him. He was supposed to have his interview but didn't show up cause they were separated so the immigration sent him a letter saying he could apply again later.

This was under the George bush law thing

I don't know which "George Bush law thing" you're referring to, nor even which George Bush you're talking about, but I seriously doubt it's relevant to his current situation.

[smileysjs 3]

We have been to an immigration lawyer who said we could definitely get his papers. He said that my husband would have to go to Mexico for his interview and wait for his green card there. I'm pretty positive he was going to have us do the i130, I485, and i864. We decided not to keep going to him cause he was going to charge us $5000.

We went with a lady who could fill out the papers for us and answer any questions for $500. She also was very confident that we wouldn't have a problem.

Because she's out of the country, we were doing this on our own. Immigration already knows he's here illegally. They've know this for quite a while. If they wanted to deport him, why haven't they done it already? We've been married 7 years. He was married a few years before that. We have 4 kids and one on the way.

[payxibka 10,047]

We have been to an immigration lawyer who said we could definitely get his papers. He said that my husband would have to go to Mexico for his interview and wait for his green card there. I'm pretty positive he was going to have us do the i130, I485, and i864. We decided not to keep going to him cause he was going to charge us $5000.

We went with a lady who could fill out the papers for us and answer any questions for $500. She also was very confident that we wouldn't have a problem.

Because she's out of the country, we were doing this on our own. Immigration already knows he's here illegally. They've know this for quite a while. If they wanted to deport him, why haven't they done it already? We've been married 7 years. He was married a few years before that. We have 4 kids and one on the way.

You are positively incorrect..... You do not yet understand the process enough to do this by yourself. If he leaves the USA, then the I-485 is NOT required. The I-130 with consulate processing in Mexico, when approved, will result in a GC upon re-entry. The I-485 is for processing/status adjustment to GC from INSIDE the USA, which it appears your husband is not eligible for due to not having any current LEGAL status due to the way he entered.

[canadian_wife 1,829]

Laural Scott is a fantastic lawyer that deals with issues of inadmissability. She offers a free chat on Wednesdays. For confirmation of what Jim and Payx have said, please pose your the questions of your husband's illegal status and attempts at adjustment to her. You'll find that your husband does not qualify for adjustment of status and will have to interview in Mexico and possibly face a ban.

You'll want to read up on the I-601 form and extreme hardship that you'll likely need to prove in order to have your husband back in the US. See the links below for Laural Scott and Immigrate2US, they speicalise in this sort of case as well

Good luck

Scottimmigration.net

Immigrate2us.net

Edited August 1, 2010 by canadian_wife

[JimVaPhuong 4,863]

We have been to an immigration lawyer who said we could definitely get his papers. He said that my husband would have to go to Mexico for his interview and wait for his green card there. I'm pretty positive he was going to have us do the i130, I485, and i864. We decided not to keep going to him cause he was going to charge us $5000.

We went with a lady who could fill out the papers for us and answer any questions for $500. She also was very confident that we wouldn't have a problem.

Because she's out of the country, we were doing this on our own. Immigration already knows he's here illegally. They've know this for quite a while. If they wanted to deport him, why haven't they done it already? We've been married 7 years. He was married a few years before that. We have 4 kids and one on the way.

You may have misunderstood what your first attorney said. The I-485 is for adjustment of status, which means changing from one immigration status to another. Your husband isn't eligible to change from "out of status" to "immigrant" because of his illegal entry. Once he is outside the US then he won't have any immigration status to change from. The I-485 would not be used in this case. Also, your husband will go to Mexico and wait for his visa interview. His visa will be denied. Hopefully, you'll have the I-601 package ready for submission at the interview so that he can submit it as soon as the visa is denied. Within weeks, if all goes well, he'll have another interview on the waiver application. If it's approved then he'll get the visa, and be able to come back to the US. However, he won't wait for his green card in Mexico. He'll get his green card within weeks of entering the US with his IR1 visa.

You left an immigration attorney for a document preparation service. If yours was a straightforward case I'd say that might have been a smart move. However, since you are definitely going to be dealing with a hardship waiver application (you said ICE already knows your husband is here) you really need an attorney who is experienced with these waivers. That $500 document prep service isn't going to be any help to you with this. Your case is going to involve a lot more than just filling out and submitting forms and documents. canadian_wife gave you the name of a very good lawyer who specializes in I-601 waiver cases. She won't be cheap, but she can improve your chances of success tremendously.

Having kids in the US and a long marriage is a big asset when it comes to the hardship waiver.

ICE doesn't have the time or resources to come after every illegal immigrant they know to be living in the US. If he isn't known to be dangerous or engaged in criminal activity then they probably aren't going to bother with him. That doesn't mean he won't get caught and deported. Think of it like having half a dozen spiders living in your house. They can't run around and catch all of the flying insects, so they make webs in the corners. Occasionally, an insect will fly into their web and get caught. If your husband happens to have an encounter with immigration authorities then they might take him into custody and process him for deportation.

[smileysjs 3]

You are positively incorrect..... You do not yet understand the process enough to do this by yourself. If he leaves the USA, then the I-485 is NOT required. The I-130 with consulate processing in Mexico, when approved, will result in a GC upon re-entry. The I-485 is for processing/status adjustment to GC from INSIDE the USA, which it appears your husband is not eligible for due to not having any current LEGAL status due to the way he entered.

This is the law i was talking about:

You may be eligible to receive a green card through Section 245(i) if you:

Are the beneficiary of a qualified immigrant petition (Form I-130 or I-140) or application for labor certification (Form ETA-750) filed on or before April 30, 2001

Were physically present in the United States on December 21, 2000, if you are the principal beneficiary and the petition was filed between January 15, 1998, and April 30, 2001

Are currently the beneficiary of a qualifying immigrant petition (either the original Form I-130 or I-140 through which you are grandfathered or through a subsequently filed immigrant petition)

Have a visa immediately available to you

Are admissible to the United States

[payxibka 10,047]

This is the law i was talking about:

You may be eligible to receive a green card through Section 245(i) if you:

Are the beneficiary of a qualified immigrant petition (Form I-130 or I-140) or application for labor certification (Form ETA-750) filed on or before April 30, 2001

Were physically present in the United States on December 21, 2000, if you are the principal beneficiary and the petition was filed between January 15, 1998, and April 30, 2001

Are currently the beneficiary of a qualifying immigrant petition (either the original Form I-130 or I-140 through which you are grandfathered or through a subsequently filed immigrant petition)

Have a visa immediately available to you

Are admissible to the United States

but he is the beneficiary of your I-130 petition dated it appears in 2009... this is after April 30, 2001. I don't know how the grandfather provisions work.

Also, the moment he departs the USA he is not currently admissible. He will have a 10 year re-entry ban to deal with.

[canadian_wife 1,829]

From what I understand, for 245i to qualify, he has to be adjusting status under the original petitioner, which I dont' think you are since you said his previous wife had petitioned for him. Now I could be wrong, but you certainly need to investigate this

You certainly need a consulatation with a qualifed immigration attorney - at the very least check out the free chats on Wednesdays for Laual Scott

[smileysjs 3]

From what I understand, for 245i to qualify, he has to be adjusting status under the original petitioner, which I dont' think you are since you said his previous wife had petitioned for him. Now I could be wrong, but you certainly need to investigate this

You certainly need a consulatation with a qualifed immigration attorney - at the very least check out the free chats on Wednesdays for Laual Scott

I checked out Laurel's website and it looks like she deals with my situation all the time ( which is really good). I'll either do the chat or get a consultation with her. Thanks for recommending her!