My husband is here illegally we married here I130 approved

[sol1975 0]

Hello I am in need of much help..I met and married my husband here in California, we have 3 children..the I130 petition was approved a long time ago..was waiting for amnesty - such as 245 I, dont think its gonna happen, going to file I 129, any suggestions? What do I do what happens next. was told to file an application to forward information to the us consulate, has anyone had this experience, please help am new to this forum.

Thanks!

[YuAndDan 153]

Consult an immigration attorney, this site tends to cover the process of legal immigration. Most on the site are strongly opposed to illegal immigration, and wont give any advise in that situation.

[Boiler 45,939]

Consult an immigration attorney, this site tends to cover the process of legal immigration. Most on the site are strongly opposed to illegal immigration, and wont give any advise in that situation.

Asking for advice on how to do it legally by the sound of it.

Go down a couple of forums and read the sticky on waivers. Essential your spouse will need to return to their country for interview and in addition to the normal paperwork you will need to file a waiver.

Also have a look at www.immigrate2us.net

Mexico has just brought in a fast track system Lots of info on that link.

Edited March 15, 2007 by Boiler

[Satellite 1]

I take it your I-130 was approved after April 30, 2001 so you are not 245i eligible. Has anyone else filed an I-130 (family petition) or I-140 (labor petition) on his behalf prior to April 30, 2001 and has he been here since December 20, 2000? If the answer is yes you are still able to file for 245i, I-485, I-485A adjustment within country because of the grandfathering provisions in 245i, even with a different petitioner.

Also, if he is coming up on 10 years of illegal presence, you might want to try for cancellation of removal under INA §240(A)(b ). You need good moral character, 10 years continuous presence, qualifying relative (US spouse), and the hardest of them all to demonstrate exceptional and extremely unusual hardship to that relative.

But this remedy is reserved for the immigration courts. But as an alternative you can always ask for voluntary departure to avoid a deportation order requiring a I-212 waiver if you find yourself in immigration court.

Or do as Boiler suggested with an I-601 waiver, as I understand your spouse has already acquired a 10-year ban on re-entry for being here longer than 1 year out of status.

[Killer_Clown_2009 0]

Consult an immigration attorney, this site tends to cover the process of legal immigration. Most on the site are strongly opposed to illegal immigration, and wont give any advise in that situation.

Very helpful answer. Good job.

[Lennys26 0]

I am sure I read about a provision whereby if someone was in the US 'illegally' for some extended period of time (5/10 years, or something...I can't recall how long), they could petition to stay under some sort of visa.

...Or was that for another country that I read about this....??

[sorry for being so vague...]

[Boiler 45,939]

I am sure I read about a provision whereby if someone was in the US 'illegally' for some extended period of time (5/10 years, or something...I can't recall how long), they could petition to stay under some sort of visa.

...Or was that for another country that I read about this....??

[sorry for being so vague...]

30 years

As the OP mentioned 245i I take it the I130 was filed after the cut off date for that.

[Satellite 1]

I am sure I read about a provision whereby if someone was in the US 'illegally' for some extended period of time (5/10 years, or something...I can't recall how long), they could petition to stay under some sort of visa.

...Or was that for another country that I read about this....??

[sorry for being so vague...]

30 years

As the OP mentioned 245i I take it the I130 was filed after the cut off date for that.

Not really...

First there is an immigration statute of limitations for anyone who has been here since January 1, 1972, and that is called registry. It is one of the options on the I-485.

The other is cancellation of removal which is what I explained in my earlier post which is a form of relief for someone who has been in the US for 10 years, stayed out of trouble, and has a hardship to a qualifying relative.

Relevant Links:

http://en.wikipedia.org/wiki/Cancellation_of_removal

Both methods get you green cards and asylum works too.

[Boiler 45,939]

I am sure I read about a provision whereby if someone was in the US 'illegally' for some extended period of time (5/10 years, or something...I can't recall how long), they could petition to stay under some sort of visa.

...Or was that for another country that I read about this....??

[sorry for being so vague...]

30 years

As the OP mentioned 245i I take it the I130 was filed after the cut off date for that.

Not really...

First there is an immigration statute of limitations for anyone who has been here since January 1, 1972, and that is called registry. It is one of the options on the I-485.

The other is cancellation of removal which is what I explained in my earlier post which is a form of relief for someone who has been in the US for 10 years, stayed out of trouble, and has a hardship to a qualifying relative.

Relevant Links:

http://en.wikipedia.org/wiki/Cancellation_of_removal

Both methods get you green cards and asylum works too.

I was replying to the Registry, longer than I thought.

Cancellation is another aspect but a bit high risk, something to discuss with a lawyer, with the Mexico fast track system I am not sure why this would be a viable option, no doubt there are exceptions.

[diadromous mermaid 36]

Consult an immigration attorney, this site tends to cover the process of legal immigration. Most on the site are strongly opposed to illegal immigration, and wont give any advise in that situation.

Concur with Boiler on this one. If someone is here without authorisation and seeks information on how to rememdy the situation, it is hardly illegal.

[Reggie3141 0]

Hello I am in need of much help..I met and married my husband here in California, we have 3 children..the I130 petition was approved a long time ago..was waiting for amnesty - such as 245 I, dont think its gonna happen, going to file I 129, any suggestions? What do I do what happens next. was told to file an application to forward information to the us consulate, has anyone had this experience, please help am new to this forum.

Thanks!

Please find a good immigration lawyer before you go to the US consulate because you were asking for amesty.

Edited March 24, 2007 by Reggie3141