Im a PR and husband came in legally.. but case was sent to NVC?

[mariider 0]

I'm asking for a friend, any advice would be appreciated!

She's a PR and petioned the i130 for her husband in 2016. He has legal entry, used to come in with an h2a visa. They sent his case to NVC and just scheduled his interview for next month in Mexico.

I looked over her copy of the i130 and noticed she didnt enter the i94 number, only wrote he used to come with h2a and his first entry to US from his passport. She said he lost the i94 (i tried to go online but its been over 5 yrs since the entry and it doesnt show on the history, cant even find his record). I'm imagining since she didnt send proof or record of the entry is the reason it was routed to NVC.. am i wrong?

My question is has anyone gone through, or know anything about going about correcting this? We called USCIS (said to file i485 and then begin tramitando eso) and NVC (it was out of their hands because it was now with he embassy in Mx).

[Boiler 45,897]

He is in the US.

 

H2a is a temp agricultural visa if in the US is he in status?

[mariider 0]

 No hes been out of status since 2011.. but from my understanding, having the legal entry would grant him the interview in the US, correct?

[maria betances 42]

2 minutes ago, mariider said:

 No hes been out of status since 2011.. but from my understanding, having the legal entry would grant him the interview in the US, correct?

no hes till have leave the country and also need to apply for the waiver before he's leave the country.

[Boiler 45,897]

3 minutes ago, mariider said:

 No hes been out of status since 2011.. but from my understanding, having the legal entry would grant him the interview in the US, correct?

Nope

 

He has no status to adjust from.

[geowrian 22,338]

4 minutes ago, mariider said:

 No hes been out of status since 2011.. but from my understanding, having the legal entry would grant him the interview in the US, correct?

No. He has no legal status in the US and no visa immediately available to him as a relative of an LPR. Upon exit, he will receive a bar as well and need a waiver to get a new visa.

Edited March 10, 2017 by geowrian

[maria betances 42]

2 minutes ago, geowrian said:

No. He has no legal status in the US and no visa available to him as a relative of an LPR. Upon exit, he will receive a bar as well and need a waiver to re-enter.

he's can apply for the waiver once the visa is available. that way he can enter the country again I601A  is waiver.

 

Certain immigrant visa applicants who are relatives of U.S. Citizens or Lawful Permanent Residents (LPRs) may use this application to request a provisional waiver of the unlawful presence grounds of inadmissibility under Immigration and Nationality , before departing the United States to appear at a U.S. Embassy or consulate for an immigrant visa interview.

Edited March 10, 2017 by yaya2004

[MeAlone 161]

5 minutes ago, mariider said:

 No hes been out of status since 2011.. but from my understanding, having the legal entry would grant him the interview in the US, correct?

If you are the USC, you can process the illegal immigrant (but with legal entry to US) here in the US. PR can't legalize the illegal and he needs to go back to his country where it starts 10 years ban. 

Tasha

[maria betances 42]

1 minute ago, EricTasha said:

If you are the USC, you can process the illegal immigrant (but with legal entry to US) here in the US. PR can't legalize the illegal and he needs to go back to his country where it starts 10 years ban. 

Tasha

yes they can with the waiver 

Filing Tips for Form I-601A, Application for Provisional Unlawful Presence Waiver

Only use black ink. Do NOT use highlighters or red ink. These could make your materials unreadable when scanned. 

To help ensure that USCIS accepts your Form I-601A for processing:

• Complete all sections.
• Sign the form.
• Pay the correct filing fee.

USCIS will reject your form if any of the following are missing:

• Part 1 – Information About You
  • Alien Registration Number (A-Number) (if any)
  • Family Name
  • Your U.S Physical Address
  • Date of Birth
  • Country of Birth
• Part 3 – Information About Your Immigrant Visa Case
  • Basis on which you are immigrating to the United States 
  • DOS Diversity Visa Case Number (KCC Case Number) (if applicable)
  • USCIS receipt number for your approved immigrant visa petition (Form I-130, I-140 or I-360) (if applicable)
  • DOS Consular Case Number (NVC Case Number) (if applicable)

[MeAlone 161]

8 minutes ago, yaya2004 said:

yes they can with the waiver 

Filing Tips for Form I-601A, Application for Provisional Unlawful Presence Waiver

Only use black ink. Do NOT use highlighters or red ink. These could make your materials unreadable when scanned. 

To help ensure that USCIS accepts your Form I-601A for processing:

• Complete all sections.
• Sign the form.
• Pay the correct filing fee.

USCIS will reject your form if any of the following are missing:

• Part 1 – Information About You
  • Alien Registration Number (A-Number) (if any)
  • Family Name
  • Your U.S Physical Address
  • Date of Birth
  • Country of Birth
• Part 3 – Information About Your Immigrant Visa Case
  • Basis on which you are immigrating to the United States 
  • DOS Diversity Visa Case Number (KCC Case Number) (if applicable)
  • USCIS receipt number for your approved immigrant visa petition (Form I-130, I-140 or I-360) (if applicable)
  • DOS Consular Case Number (NVC Case Number) (if applicable)

Thank you. I knew about it and also I guess anyway with the waiver he will need to go to get his spouse visa in his country embassy. It's the fear of any illegal stay immigrant to get out and then maybe not allowed to go back. I know some LPR are waiting to get their citizenship before to apply for the spouse visa

Tasha

[geowrian 22,338]

8 minutes ago, yaya2004 said:

he's can apply for the waiver once the visa is available. that way he can enter the country again I601A  is waiver.

 

Certain immigrant visa applicants who are relatives of U.S. Citizens or Lawful Permanent Residents (LPRs) may use this application to request a provisional waiver of the unlawful presence grounds of inadmissibility under Immigration and Nationality , before departing the United States to appear at a U.S. Embassy or consulate for an immigrant visa interview.

True, that is an option...

 

OP: Did he illegally work in the US at any point? If not, the provisional waiver can be filed first.

[maria betances 42]

1 minute ago, EricTasha said:

Thank you. I knew about it and also I guess anyway with the waiver he will need to go to get his spouse visa in his country embassy. It's the fear of any illegal stay immigrant to get out and then maybe not allowed to go back. I know some LPR are waiting to get their citizenship before to apply for the spouse visa

Tasha

it have to get he waiver approve before leave the country.