Husband in US Illegally, US Citizen Petitioning

[Colleenc55 0]

I have filed an I-130 for my husband who entered illegally in 2006 at the age of 16.

We have 1 child together.

He has been paying taxes (with an I-TIN) and a law abiding citizen (with the exception of his immigration status).

We are pending our NOA2, if that was to be approved, what would be our next step?

What is the probability that he will become a legal resident?

I was told by an attorney that I can prove a hardship since I suffer from anxiety/depression and undergo treatment (medication & therapy).

I am not sure what that means?

[Transborderwife 4,666]

You need to file an I-601A waiver. I'm not certain depression/anxiety will be a strong enough case for the waiver. They could reject it simply because you could seek treatment and live with him inhis country. You need to prove EXTREME hardship.

Also be prepared that this could indeed trigger removal proceedings for him. Be prepared for that to possibly happen.

Something else to be aware of is if he ever claimed citizenship on a w-9 form from work.

A good site to visit is immigrate2us.net

[Colleenc55 0]

Thank you for your response.

Should the I-601A waiver be sent in AFTER we receive the NOA2?

I am also the Custodial Parent to a child from a previous relationship and although I have sole legal & physical custody, leaving the country would mean I have to travel back every 2 weeks due to court ordered visitation, which is almost impossible.

I run my own business which I would not be able to run out of the country.

Our household depends on both incomes as well.

Are these valid arguments as well?

He has never claimed citizenship on any work form/ tax filing.

[Transborderwife 4,666]

Yes, those are all things that you need to include for your hardship. To be honest, if a waiver is needed, a lawyer is a must.

Once your I-130 is approved then the waiver is applied for. Be prepared for a long, expensive process.

[Boiler 45,525]

Do not get worried about hardships, it is mainly about presentation, some are easier, some require a bit of work.

Sounds like he does not have DACA, if that is possible then it gives him another option.

You have the initial choice of whether you want to or can do it yourself or employ a Lawyer.

[Boiler 45,525]

It is not that long or expensive, and many people do not use a lawyer. Price goes up if you do use a lawyer.

Only you know if this is something you can do yourself.

[Transborderwife 4,666]

Do not get worried about hardships, it is mainly about presentation, some are easier, some require a bit of work.

Sounds like he does not have DACA, if that is possible then it gives him another option.

You have the initial choice of whether you want to or can do it yourself or employ a Lawyer.

Didn't think about Daca. That may be a good option Edited January 2, 2015 by Transborderwife

[I AM NOT THAT GUY 5,715]

I have filed an I-130 for my husband who entered illegally in 2006 at the age of 16.

We have 1 child together.

He has been paying taxes (with an I-TIN) and a law abiding citizen (with the exception of his immigration status).

We are pending our NOA2, if that was to be approved, what would be our next step?

What is the probability that he will become a legal resident?

I was told by an attorney that I can prove a hardship since I suffer from anxiety/depression and undergo treatment (medication & therapy).

I am not sure what that means?

There are some strategies to get around the waiver problem. Your attorney probably already knows them, Refer him to:

Matter of Manohar Rao ARRABALLY, Respondent

Matter of Sarala YERRABELLY, Respondent

[Colleenc55 0]

We have researched DACA and although he has been in school the last 3 years and is currently working on his GED, he came month AFTER turning 16 and therefore does not qualify.

[Boiler 45,525]

DAPA regulations have yet to be published and will no doubt take some time to work through anyway.

Nothing wrong with the I 601a route, just a question of who does the waiver.

[LoveMyTico 999]

Facebook has groups for the 601A waiver. The members have all gone through the process. You can post questions etc... Immigrate2us has lots of guidelines for waivers.

Our regular 601 was just approved. The filing fee was $585 and we had a lawyer write it all up.

You can get hardship ideas from the Facebook members.

Many people file the waivers without a lawyer but its alot of prep work. The file must be presented in a clear, organized fashion. We paid a lawyer because we weren't willing to hit another delay because of stupid errors.

[NikLR 13,227]

There is another immigration forum that deals specifically with waivers too.

http://immigrate2us.net/forum/

Edited January 3, 2015 by NLR

[Ryan H 3,812]

Moved from What Visa Do I Need - Family Based Immigration forum to Waivers forum.

[Jawaree 717]

Hardships ...your student loans & mtge

You help care for your aging parent (if they have medical

probs get proofs)

Your husband country conditions are bad , unsafe, substandard

healthcare & U not able to get a job there (info can be pulled off online)

Breakdown with proof of mthly expenses.

You would write the hardship letter, get one from pastor teacher parents.

You cant take the older kids out of the country

You have hardships just write them down then gather the materials

[flores5 0]

Si usted y su pareja estan pasando por el proceso IR1 de immgracion y necessitan apoyo, puden uniser al grupo IR1-Hispanic Immigration Process support Stories & Advice! Este grupo fue creado para compartir historias personales del proceso migratorio para Cuidadanos Americanos que estan casados con imigrantes que quieren empesar o estan pasando por el proceso legal migratorio. https://www.facebook.com/groups/sameimmigrationsituation/