Husband came here illegally, got married to me, had a baby, What are the steps to citizenship PLEASE HELP

[Jackie Martinez 0]

My name is Jackie Martinez, My husband Antonio came to the us illegally in 1999, left in 2003 and came back in 2005 but was caught at the board in Mexico 2 times. He is not sure if he signed the 10 bar.. First how do I find out if he did sign that paper? Second we got married in 2009 but have been together since 2007 we now have a baby together and another one on the way. What are the steps to take to gettin his citizenship? I want to do as much as possible WITHOUT a lawyer! We do not have a lot of money. The risk of him being deported is getting more and more scary everyday. I know I need to file the I-190 first but it is all so confusing to me. Can someone PLEASE help me so my family is not ripped apart! Thanks SO much for any and all helpful advice!! =)

[Penguin_ie 5,997]

So he was illegal in the USA from 1999 to 2003, then tried to enter twice but got caught, but the third time he EWI (entered without inspection) again and is now living illegally in the USA? He will have at least a ten year ban, possibly a lifetime ban, depending on how he was caught/ turned back. The only way to make him legal is for him to return to Mexico and either wait out his ban or apply for a waiver due to hardship to you, the USC. This is very difficult considering he did "the wrong thing" at least four times, possibly with missrepresentation added. I know lawyers are expensive, but I highly recommend you get one; many will offer a free first consultation, so maybe make an appointment with two or three and see what they say.

[Deputy Purple 1,294]

Since his last entry was EWI (Entered Without Inspection) there is no way he can adjust while in the US.

I would suggest you go to Immigrate 2 US, they specialize in these situations.

At the very least he has a 10 year re-entry bar for his current illegal presence of greater than 360 days.

To get him Legal Permanent Residency you will need to do the following:

* File I-130 petition.

* He returns to Mexico.

* He interviews for Visa at CDJ US Embassy, is denied at interview due to illegal presence/entry & told to submit Waiver(s) (I-601 and/or I-212).

* If hardship is proven for waiver(s) then approval & visa will be issued.

Unless he has cause for requesting asylum (which would be nigh on impossible for a Mexican Citizen) this is your only route to him being legal.

FWIW, don't lie on the forms about any of his illegal presence in the US. Everyone leaves a paper trail and if you're caught in a lie during the process then he can be banned for life without the possibility of a Waiver, USCIS takes "Material Misrepresentation" very serious.

[canadian_wife 1,829]

You NEED a lawyer. Your case is complicated. Laural Scott offers free chats on Wednesdays and specializes in cases like yours

scottimmigration.net

Good luck

[Brother Hesekiel 2,236]

I think I answered this question on Yahoo.When your husband left in 2003, he triggered the 10-year bar. No need to sign anything. When he entered again without inspection, he most likely triggered a lifetime bar. He would need the I-601 waiver and the I-212 waiver, both of which are very difficult to get. I agree that you should go to www.immigrate2us.com as those guys are specialized in cases like yours.

[Jackie Martinez 0]

Thank you for all the replies... when he came in 1999-2003 he was never caught when he tried to reenter in 2005 he was stopped 2 times but we have already spoken to a laywer who asked us if he gave just a thumb print or if he gave like thumb and middle and index print if it was just a thumb then they probably never recorded it on an papers. Thanks again for all the advice what are some reasons for hardship I have read that children are NOT a good reason which is CRAZY considering there are so many deadbeat dads out here and one ACTUALLY WANTS to be a good dad and stay with his family and can not! GRR looks like I might be going to Mexico for 10 years =(

[pushbrk 13,245]

Thank you for all the replies... when he came in 1999-2003 he was never caught when he tried to reenter in 2005 he was stopped 2 times but we have already spoken to a laywer who asked us if he gave just a thumb print or if he gave like thumb and middle and index print if it was just a thumb then they probably never recorded it on an papers. Thanks again for all the advice what are some reasons for hardship I have read that children are NOT a good reason which is CRAZY considering there are so many deadbeat dads out here and one ACTUALLY WANTS to be a good dad and stay with his family and can not! GRR looks like I might be going to Mexico for 10 years =(

IMO, it really doesn't matter what anybody thinks they have a record of. If you lie and get caught, there will be no waiver and you can expect the lifetime ban to stand.

[Darnell 8,479]

*** not a K-3 visa topic, moving to IR-1/CR-1 forum, for now ***

[sachinky 465]

With your husband looking at a lifetime ban, you should have hired an able, competent immigration specialist lawyer YESTERDAY.

Even with that, plan on moving to Mexico.

[Stanley Hermosill 1]

Best of luck. You def have a complicated case on your hands, but since your husband was not caught each time he re-entered, and the fingerprints aren't 100% certain, there may still be a chance.