illegal entry (merged)

[familylove 0]

I've been here for 15years illegally,my spouse is US Citizen want to file for me where should I start from and what should I do? please help.

[Merrytooth 5,748]

illegal entry - meaning you jump over US borders without inspection? Or you came to US with a valid visa (example F1, B1/B2) but overstayed?

[familylove 0]

Can your us citizen spouse file for you if you here illegal?

[Ontarkie 14,420]

~~Thread merged, and moved to General Immigration Related Discussion~~

[David & Diana R 1,005]

Need more information...

[aaron2020 11,651]

Can your us citizen spouse file for you if you here illegal?

Hi,

You need to tell us how you got into the US.

The correct answer depends on whether you enter without inspection (illegally cross the border) or enter with a nonimmigrant visa (or the VWP) and stayed illegally.

[familylove 0]

Yes, came without visa and no inspection.thanks

[christeen 966]

Then I am afraid you are out of luck for overstay forgiveness... For overstay to be forgiven, you must have entered on a valid visa (inspection).. Yo would have to leave, have usc file from your country and apply for a waiver when denied with ban.

[aaron2020 11,651]

Yes, came without visa and no inspection.thanks

Your USC wife can not file to adjust you since you entered without inspection.

If you had entered in a visa (or the VWP), then it would have been possible to adjust you. But you didn't so this is not available to you.

This is the only way for you to be legal:

1. Leave the US and be subject to a 10 years ban.

2. USC wife files I-130.

3. Your immigration visa will be denied because of your 10 years ban.

4. Based on the denied visa, your wife can file for a waiver based in a hardship to her. (You cannot file for the waiver until after the visa denial.)

5a. If you are fortunate, you will get the waiver and your immigration visa.

5b. If you are unlucky, the waiver will be denied and you will need to serve out your 10 years ban before you can qualify for an iigratiom visa.

[familylove 0]

Thank you all for your ideas.

[NigeriaorBust 4,087]

Thank you all for your ideas.

These aren't ideas they are the only options to you. Go to immigrate2us.net they will be able to help you with the waiver , It is a complex document not a form . Your path is , leave the US, go to interview and be denied , file waiver wait for waiver to be approved/denied Being that you are from Ghana there is a good chance of proving hardship unless your wife is from there also.

You may be able to file an I601a available to illegal immigrants that are still in the US which processes the waiver before you leave. Check into this BEFORE leaving the US

[Hypnos 6,578]

Your spouse should file an I-130 for you immediately (immediately because it's going to take around a year to be approved).

After the I-130 is approved and you have paid the immigrant visa fee with the NVC, you should then file an I-601A provisional waiver of inadmissibility. If this waiver is approved then you will depart the US and interview in your country of origin for an immigrant visa. Since your provisional waiver would already be approved then it should be a fairly simple route to approval.

You cannot file the I-130 and I-601A together.

You should consult with an experienced immigration attorney prior to filing the I-601A waiver, and consider retaining their services.

[dany2012 2]

Thank you all for your ideas.

Not ideas dude.

[spookyturtle 9,466]

Your spouse should file an I-130 for you immediately (immediately because it's going to take around a year to be approved).

After the I-130 is approved and you have paid the immigrant visa fee with the NVC, you should then file an I-601A provisional waiver of inadmissibility. If this waiver is approved then you will depart the US and interview in your country of origin for an immigrant visa. Since your provisional waiver would already be approved then it should be a fairly simple route to approval.

You cannot file the I-130 and I-601A together.

You should consult with an experienced immigration attorney prior to filing the I-601A waiver, and consider retaining their services.

This is the correct advice. And I might add to read up on the procedure at immigrate2us.net.

[spookyturtle 9,466]

Here is a quick overview of the waiver process. If you only need the waiver for illegal presence and nothing else, you may qualify for the provisional waiver process. This is from Attorney Heather Poole's website and she is a credible, qualified lawyer.

http://www.humanrightsattorney.com/unlawful-presence-illegal-entries/3-10-year-bar-waivers/