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kornbaum

Desperate! Need help

By kornbaum in What Visa Do I Need - Family Based Immigration

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kornbaum Newbie

kornbaum   0

Posted
Filed: Other Country: Mexico
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Posted

My husband and I have been married for nearly nine years. We have 3 children together ages; 5, 6, and 7. He originally crossed over illegally and we originally began the immigration process through an I130 I believe. Anyways, our case was closed over two years ago because we couldn't keep paying the processing fees or afford a lawyer. We are now more financially stable and we want to reapply and don't know where to start. My question is should we start all over? Would these new immigration laws help at all? Any help would be greatly appreciated!

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Boiler Grand Master

Boiler   45,579

Posted
Filed: K-1 Visa Country: Wales
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Posted

Assuming no other issues there is the I601a route, file a waiver here and pop back for the interview or DAPA which is currently on hold.

DAPA allows him to get advanced parole that allows him to visit home come back and adjust in country.

So any other issues beyong a single entry?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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kornbaum Newbie

kornbaum   0

Posted
Filed: Other Country: Mexico
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Assuming no other issues there is the I601a route, file a waiver here and pop back for the interview or DAPA which is currently on hold.

DAPA allows him to get advanced parole that allows him to visit home come back and adjust in country.

So any other issues beyong a single entry?

There are no other issues. He's never been in trouble with the law. The only thing is he originally crossed over illegally and that was over 10 years ago.

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Boiler Grand Master

Boiler   45,579

Posted
Filed: K-1 Visa Country: Wales
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Posted

In that case there are the two options I mentioned, up to you if you wait to see how DAPA plays out, I assume he is not eligible for DACA.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
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Posted

you want to see if the I-130 status is truly closed, or not. If it's not, suggest to request it moved from NRC to NVC this month, then pick up with NVC processing some time in mid-may, also chasing after the I-601-A [not the I-601] at the same time.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
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Posted

what news, on the I-130?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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kornbaum Newbie

kornbaum   0

Posted
Filed: Other Country: Mexico
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Posted

I called the national visa center and our case is actually still good to go. I sent in notice last week that we intend to apply for the I-601A. We plan on submitting that within the next couple weeks.

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
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Posted

Cool.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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awe787 Explorer

awe787   6

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

My husband and I have been married for nearly nine years. We have 3 children together ages; 5, 6, and 7. He originally crossed over illegally and we originally began the immigration process through an I130 I believe. Anyways, our case was closed over two years ago because we couldn't keep paying the processing fees or afford a lawyer. We are now more financially stable and we want to reapply and don't know where to start. My question is should we start all over? Would these new immigration laws help at all? Any help would be greatly appreciated!

In order for him to adjust the status and get permanent residency, you will need to file I-601 waiver. You can file it withing USA without him leaving the country( called provisional waiver), but you will have to prove extreme hardship to US citizen. If approved, then you can file AOS. DAPA could also help IF it gets implemented, however it would only offer him a chance to work legally, no permanent residency.

Adjusting from J-1 Visa

*********J-1 waiver timeline***********************

10/15/2014: filed I-612 with USCIS, and DS-3035 with DOS
10/22/2014: alien reg. number changed
10/30/2014: Dos received my DS-3035 application(posted info online)
12/05/2014: USCIS requested non USCIS advisory opinion
12/10/2014: DOS received I-613 from USCIS
01/16/2015: Favorable recommendation send to USCIS
01/26/2015: USCIS approved my hardship case
02/01/2015: Received hard copy I-612 approval notice

**************AOS timeline*************************

02/27/2015: Filed AOS ( I-130/I-485/I765)

03/04/2015: Received

03/06/2015: Finger print fee accepted

03/13/2015: Received NO1 hard copy( I-130/I-485/I765)

04/11/2015: Received Biometrics Notice---April 24

04/13/2015: Early walk-in biometrics successful

05/12/2015: EAD approved

05/19/2015: EAD card mailed

05/20/2015: EAD delivered

08/21/2015: I-485 interview notice( scheduled 09/24/2015)

09/24/2015: I-485/I-130 interview( approved)

09/30/2015: Greencard ordered for production

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

In order for him to adjust the status and get permanent residency, you will need to file I-601 waiver. You can file it withing USA without him leaving the country( called provisional waiver), but you will have to prove extreme hardship to US citizen. If approved, then you can file AOS. DAPA could also help IF it gets implemented, however it would only offer him a chance to work legally, no permanent residency.

No they need the I-601A waiver.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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awe787 Explorer

awe787   6

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

No they need the I-601A waiver.

Yeah, you are right. thanks for correcting

Adjusting from J-1 Visa

*********J-1 waiver timeline***********************

10/15/2014: filed I-612 with USCIS, and DS-3035 with DOS
10/22/2014: alien reg. number changed
10/30/2014: Dos received my DS-3035 application(posted info online)
12/05/2014: USCIS requested non USCIS advisory opinion
12/10/2014: DOS received I-613 from USCIS
01/16/2015: Favorable recommendation send to USCIS
01/26/2015: USCIS approved my hardship case
02/01/2015: Received hard copy I-612 approval notice

**************AOS timeline*************************

02/27/2015: Filed AOS ( I-130/I-485/I765)

03/04/2015: Received

03/06/2015: Finger print fee accepted

03/13/2015: Received NO1 hard copy( I-130/I-485/I765)

04/11/2015: Received Biometrics Notice---April 24

04/13/2015: Early walk-in biometrics successful

05/12/2015: EAD approved

05/19/2015: EAD card mailed

05/20/2015: EAD delivered

08/21/2015: I-485 interview notice( scheduled 09/24/2015)

09/24/2015: I-485/I-130 interview( approved)

09/30/2015: Greencard ordered for production

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