Recently Married

[browneyedgirl22 0]

Hello Everyone!

I am new to the discussion board but have been reading up and am so happy to hear from others who are in the same position as me and my family are.

I am 20 years old, and married six months ago. I also have a son with my husband who is two months old. My family does not understand or get any of this. He came here to the U.S when he was 10 years old, illegally. However his family is the one who brought him, he was just a young child and no way he would of known he was going here or could of stopped it. Yet we are the ones being punished for him being "illegal" . Anyway, I fell in love with him and now have a beautiful baby boy. We are devastated to have to go through such a long process, as I'm sure most of you are. We just want a good life for our son. Anyways, we got married in Aug of 2011. And In Oct we filled out a I130 petition. We got the NOA1 on November 1. Still haven't heard anything back. What is the next process? Also they mentioned that he would be going to ciudad juarez. Any experiences or input on that and how long it usually takes? I am soo nervous and feel so alone on this subject. It eats me up everyday. I do not want him to be seperated from his family for a long period of time !

[TimeTravel 78]

After he turned 18 years old, whatever amount of time he has stayed in US since then, then it is considered illegal and he would have to face the ban based on the time-period that he has stayed in US. You would need a waiver in this visa.

[Inky 1,111]

If he came to the USA illegally he did not enter on a family visa he entered illegally. He is not adjusting from a family visa.

[Kaoticor 5]

Hello, please listen to the facts:

Lawyers might tell you otherwise to draw out the process and earn more money, but the reality is, they will approve your I-130 even if he is illegal. Once you go to the interview he will be barred from entering the U.S., most likely for 10 years. This is not up to the consular officer, he must follow the law, which will apply to your husband.

This can be overcome with a waiver, but it is VERY hard to get. The I-601 waiver can only be granted in your case if you prove an extreme hardship would result from him being barred from the US. This goes far beyond proving simple "emotional grief" of not having him there, otherwise they would have to grant a waiver to everyone who filed for it. You would have to prove a significant financial, or conditional dependance on him and prove it well.

Your options are:

1. Follow through with the I-130. He will go to the consulate in Juarez and be denied, after which he will receive a 10 year ban (depending on how long he has stayed in the US). After that, you can file a waiver and roll the dice. Also you will be prepared for the waiver to possibly be denied and he will HAVE to stay out of the US during that ban or be denied immigration benefits and US entry for life.

2. Withdraw the petition, do nothing, and hope that immigration law will change and add a provision for his type of circumstance.

3. Move to a place other than the US with him.

Although lawyers will try to get the most out of your situation, unfortunately you need a good one for your situation. I am very sorry to give you bad news I know some people will be judgemental of his situation, but it's only becuase us Americans are spoiled and very unappreciative and understanding of people who have not been born in a decent situation.

You might also try www.immigrate2us.net , they deal with a lot of these types of cases specifically. Whatever you decide to do, make sure he does not get in to any trouble with the law or you might never be able to obtain immigration. Best wishes!

[LaLaLeesha 0]

This seems almost similar to my case, but a little different.

My fiance (we havent gotten married yet, so there's that difference) entered when he was very young, i believe 6 months old and he too was brought by his family. Luckily, we found out that he could get banned if he stays longer than by the time he turned 18 1/2, so he left before he were to be banned. We filed for an I-128f (using a lawyer), and the process took approx. 8 months (With one rfe, you can look at my timeline for more specific dates)

My fiance's interview is in cuidad juarez in a week, so the process is quite long.

It's quite difficult being without the one you love, but the benefits outweigh the loooong process!

Don't feel alone! We're here for you!

Good luck!

[browneyedgirl22 0]

Thank you every one for the responses! We talked to a lawyer, who says we would have to do a hardship letter to try and lessen the ban time. I am just so nervous. All of this is really taking a huge toll on me! Since I do not have family or friends who are going through this process, makes me feel so alone, and like noone understands, however I am happy to be able to read other people's stories on here.