What to do...

[EM_Vandaveer 2,408]

What about I-601A, though? It can be filed from within the US, so if it is approved it's "safer" to leave for the IV interview.

[Mexican_american2 0]

What about I-601A, though? It can be filed from within the US, so if it is approved it's "safer" to leave for the IV interview.

How the i601a work? I apply for this and i130. If it's approved, i have my green card? O i need to go back to mexico?

If i go to mexico for interview, i can go back to us? I dont want stuck to mexico.

[NikLR 13,231]

The I-601A is a waiver so you can go to the interview in your home country without getting the ban for your overstay and illegal entry.

[Mexican_american2 0]

The I-601A is a waiver so you can go to the interview in your home country without getting the ban for your overstay and illegal entry.

So you mean i need to go to mexico still? I cant stay in us. Im scared for go to mexico. I dont have nothing there anymore and my family is in the us. If i can't go back. I never plan to stay in us before. My plan is save money and back to mexico with savings. Now i don't have savings if i stay in mexico. And my family here will have no money either.

I look in dapa, uscis is not accepting applications, when they will start this?

[EM_Vandaveer 2,408]

With the I-601A, you file I-130, in time it gets approved, sent to NVC and after that you file the I-601A. IF that's approved you go to Mexico for your medical and immigrant visa interview. If all goes well, you'd only be in Mexico for a week or two at most.

[NikLR 13,231]

The point of the I-601a, as mentioned, is just so you can leave to have the medical and interview. You wont be gone long and you dont really have any other choice if you want to be a legal permanent resident. Im sorry.

Had you entered legally then just overstayed, you could have adjusted status, but entering without inspection is what caused your issues.

[aaron2020 11,651]

DAPA applications will not be accepted until the US Supreme Court overturns a lower court ruling that DAPA is unconstitutional. The current Supreme Court is split 4-4 thus leaving in place the lower court's ruling. The Obama Administration is asking for a new hearing when there are 9 justices.

Edited July 31, 2016 by aaron2020

[blue_angel_29 108]

What's the likelihood of this being approved? I looked into i601a, the filing fee is only 585 plus the i130 which is 420. Its less than filing i130 and i485 concurrently. When my husband came legally.

Sorry OP, but doesnt this seem a little unfair? His journey looks way easier(aside from going to mexico) and less expensive.

[NikLR 13,231]

Consular filing also includes the IV fee of $325 and the AOS fee of $120 plus a green card of $165.

Total for OP is $1615 plus the cost of the medical, police certificate, flights to and from Mexico, and staying there until the visa is granted.

[Eric & Idalia 56]

Hi,

If you came to the US on a visa, then your USC wife can file to adjust your status.

If you crossed the border illegally, then there is no way for you to become legal. USCIS is no longer accepting DAPA applications because of the US Supreme Court decision. Since it was a 4-4 split, the Obama Administration has filed for reconsideration when there is a full panel of 9 judges.

Best of luck.

This is wrong.

OP, please read the comment from Merrytooth that has accurate information:

If you entered without inspection, your USC wife has to file I-130 and I-601A waiver.

Once the I-601A waiver is approved, you have to go back to your home country for Consular visa interview.

If you came here illegally, then you would need to be interviewed in your home country. An immigration visa would be denied. You will have a 10 years ban from the US. Your wife would have to have a hardship that allows you get a discretionary waiver for your ban. Getting the waiver for the ban is not easy. You could end up stuck outside the US for 10 years.

I don't think the visa has to be denied. He can get the I-601A approved before leaving the country. Please anyone correct me if I am wrong.

[Eric & Idalia 56]

I came here when i was 24. I never been outside us since i come. Never outside Texas because I'm scared to travel. I need a lawyer for this or i can do this with by myself? I need i 601a and i 130, yes?

It is very recommended to get an immigration lawyer to help you with the I-601A to prove hardship. You have to specify why your family can't move to Mexico besides not having anything over there. You can get an idea by searching "hardship" and "I-601A" here in visajourney and on Google.

[Mexican_american2 0]

This is wrong.

OP, please read the comment from Merrytooth that has accurate information:

If you entered without inspection, your USC wife has to file I-130 and I-601A waiver.

Once the I-601A waiver is approved, you have to go back to your home country for Consular visa interview.

I don't think the visa has to be denied. He can get the I-601A approved before leaving the country. Please anyone correct me if I am wrong.

So, i file the i601a first or together with the i130?

If the i601a is denied. What i can do? Will they look at deporting me already?

[EM_Vandaveer 2,408]

So, i file the i601a first or together with the i130?

If the i601a is denied. What i can do? Will they look at deporting me already?

Not first and not together. I-130 first, it gets approved and sent to NVC, I believe you even have to do part of the NVC processing before you can file I-601A. I-601A is not really a DIY thing (although some people do file on their own), it's not just a form to fill out. You should hire a lawyer who could tell you your chances of getting it approved.

[Mexican_american2 0]

Not first and not together. I-130 first, it gets approved and sent to NVC, I believe you even have to do part of the NVC processing before you can file I-601A. I-601A is not really a DIY thing (although some people do file on their own), it's not just a form to fill out. You should hire a lawyer who could tell you your chances of getting it approved.

Ok. Thank you very much.

Thanks to everyone that gave me information. I will look for a good lawyer.

Anybody know a good one in the Houston area?

[LionessDeon 2,060]

Ok. Thank you very much.

Thanks to everyone that gave me information. I will look for a good lawyer.

Anybody know a good one in the Houston area?

Immigation is federal. You don't have to use a Texas lawyer.

Contact Lizz Cannon. You can find her on google and FB. She gives free consults. She is highly regarded in the immigration community and very knowledgable with waivers. If I were you I would find a lawyer who specializes in waivers.

Edited August 2, 2016 by LionessDeon