About to Start I-130/I-601A Waiver Process--Need Help!

[dro4739 5]

Hello and thanks in advance for anyone who replies to this post. I'll try to be as concise as possible, but unfortunately, my case is a bit complicated.

My wife entered the United States illegally from Mexico when she was 15 years old. The first time she tried to enter, she was stopped at the border, fingerprinted, and sent back to Mexico. Sadly, she can't remember whether this (being stopped and fingerprinted at the border) happened to her only once, or if it happened two times. Regardless, after one or two attempts to enter, she made it in, and has been living in America ever since (she's 29 now). I'm a US citizen born and raised in the States, and we were married a couple of years ago.

I'm about to begin the process of trying to adjust her status, and I have two questions. On the form I-130, there is a question that asks, "Has your relative ever been under immigration proceedings?" I have two questions about this. First, do I need to mark "Yes" on that question? I assume that the answer is yes, but I thought I'd verify because I read one source online that stated that if you've never been in front of an immigration judge, then you don't need to mark "Yes" on that question. Second, my wife isn't sure the exact date of when she was stopped (the form asks you to state where and when you were under immigration proceedings), and she isn't sure how many times she was stopped. I previously met with a lawyer who told me that there is a way for me to find that out, but I can't remember how to do it. Does anyone on here know what I need to do to obtain that information?

I have been told by two different lawyers that we have a very long process ahead of us, and that there is a very real possibility that her I-601A waiver will be denied and she will have to return to Mexico for a number of years. That would absolutely devastate my family, but at this point, we have no other options but to file and see what happens. Unfortunately, these same lawyers wanted around $15,000 to take our case, and I simply can't afford to pay that amount of money.

I am sure that I will have many more questions to post as we begin this process, and I hope to keep everyone updated on the status of our case. Again, thank you to anyone who responds to this post!

[aleful 1,905]

hi

not true and those are thieves,

usually just the waiver can cost from 3 to 5K if you don't want to do it yourself

Unless she was in front of a judge the answer would be no, so if it was a catch and release the answer would be no

you won't be adjusting status, but going through consular processing, she will have the interview in Cd Juarez

if all goes well, the process could take less than 2 years

Edited April 14, 2016 by aleful

[Hypnos 6,578]

You would need to file a FOIA request with CBP to obtain all records of your wife's previous interactions with CBP.

Be aware that if she was caught trying to EWI, removed back to Mexico, then illegally re-entered again, this is usually what is termed a 9C bar. A 9C bar is a lifetime bar from the US for which you can only apply for a waiver after being outside the US for at least ten years. There are no ifs or buts here, it is a hard rule. It's therefore especially important to find out whether she has a 9C bar, because if so she is permanently inadmissible to the US at this time.

https://www.nolo.com/legal-encyclopedia/the-permanent-bar-immigration-certain-repeat-violators.html

(Edit) The 9C bar requires the alien to have entered, remained illegally present for at least one year, was then removed from the US, then re-entered. It sounds like your wife was not illegally present for a year the first time around, so she may not have this bar. Either way, a FOIA request would be a prudent first step: https://www.cbp.gov/site-policy-notices/foia

Edited April 14, 2016 by Hypnos

[newacct 688]

Does she have DACA? It seems she would qualify for DACA, which could open additional ways of solving her EWI problem.

[Boiler 46,336]

Does not sound like 9C, assuming a straightforward I 601A then say 6 months for that. Or has been mentioned get DACA,, get AP, needs a reason, quick trip back to Mexico and then adjust in the US.

All very doable but you need to make sure all she has is illegal presence.

Edited April 15, 2016 by Boiler

[dro4739 5]

I am so grateful for the quick responses to my post! It's refreshing to know that there are so many good souls out there in this world who are willing to help out total strangers for nothing in return.

No, my wife was not present in the US for more than a few hours when she was sent back, so I am sincerely hoping that the 9C ban doesn't apply to her.

Am I correct in assuming that the first step is for me to file the I-130 form? Can I do that, and then send off a FOIA request afterwards?

To answer the question about DACA, we looked into it, but the problem is that she has practically no records of her being present in the United States since she arrived. From our investigations, it seems like we would need to have some type of documentation for every 3 months since her arrival in the States, and she honestly has almost no documentation or records that she has been present here. We figured it would be too difficult to prove that, and that going a different route would be a better option.

Thank you all, once again!

[Hypnos 6,578]

You can twin-track the I-130 and a FOIA request. Both will likely take several months for just the initial approval.