What next?

[TLs 0]

Hello everyone,

I am a USC and I just married my fiance a couple of months ago. She's an EWI (I think that's the acronym) from Mexico. She was caught at the border and kept out twice before getting into the U.S. about 3 years ago. She was fingerprinted on the Mexico side both times.

I've heard it can be a gamble to find a good immigration lawyer, so at this point, we're not really sure who to take advice from in regards to the fastest and most painless way to get her papers in order.

My wife has recently been introduced to a preparation service, which I'm not sure if they're a lawyer or not. This person is apparently helping a few other people that are part of the church we attend.

This 'preparation service' person is saying that if my wife voluntarily goes back to Mexico to start the process, it will go a little smoother and faster from their experience.

I would appreciate any help on the subject because we're pretty nervous, having heard a lot of bad stories.

Thanks!

[warlord 73]

Well the good thing about marriage is they over look and 'pardon' past things such as that quite often. So because you're married you would submit the AOS as usual. When it comes time for the interview for the green card, you probably might want a lawyer, but I'm sure it will be fine...

[john_and_marlene 162]

Well the good thing about marriage is they over look and 'pardon' past things such as that quite often. So because you're married you would submit the AOS as usual. When it comes time for the interview for the green card, you probably might want a lawyer, but I'm sure it will be fine...

This is not correct and very bad advice. EWI: Entry Without Inspection. There is currently no way to adjust status without leaving the U.S. She is not eligible for adjusting status regardless of her marriage to a USC. She will have to leave the U.S. and he will have to submit the I-130 spousal petition. A visa will initially be denied based on her past conduct and they will have the opportunity to submit a hardship waiver. The waiver may or may not be approved, depending on the nature of the hardship for the USC.

[lucyrich 20]

john_and_marlene have it right. Although an overstay is forgivable under the law, there's no way for an EWI to adjust status under current law. AOS would fail and result in removal proceedings. One way or another, she'll have to go abroad to get a visa (or wait for the law to change).

If she's been here more than 6 months but less than a year, going abroad will trigger a 3 year bar on admissibility. If she's been here more than a year, going abroad will trigger a ten year bar. A waiver is available to the bar, but success in getting the waiver depends on demonstrating "extreme hardship" to the US Citizen half of the couple (extreme hardship to the alien doesn't matter). If by some chance she's been here less than 6 months, and leaves the US before she accumulates 6 months presence, there's no bar, and the process becomes easier.

The matter of being caught at the border in the past might be an issue of relevance, too. Did she come to the attention of US authorities or only Mexican authorities? If she came to the attention of US authorities, research exactly what happened and how that will affect admissibility under INA 212.

I'd suggest setting up half hour or one hour consultations with a couple of different immigration attorneys, just to confirm what's been said here and to outline a strategy. You may end up deciding to file the paperwork yourself, but an initial consulation isn't expensive, and will help you figure out what you're up against. Also, read up on the "waivers" forum here on VJ, especially the sticky posting on what constitutes "extreme hardship".

There's also the issue of deciding when she should go abroad. Every extra day she spends in the US carries at least a little risk. And being here after she's brought her presence to the attention of authorities by filing a petition may increase that risk. But personal circumstances may argue for staying in the US as long as possible. There's a balancing act judgement that only the couple can make.

[john_and_marlene 162]

john_and_marlene have it right. Although an overstay is forgivable under the law, there's no way for an EWI to adjust status under current law. AOS would fail and result in removal proceedings. One way or another, she'll have to go abroad to get a visa (or wait for the law to change).

If she's been here more than 6 months but less than a year, going abroad will trigger a 3 year bar on admissibility. If she's been here more than a year, going abroad will trigger a ten year bar. A waiver is available to the bar, but success in getting the waiver depends on demonstrating "extreme hardship" to the US Citizen half of the couple (extreme hardship to the alien doesn't matter). If by some chance she's been here less than 6 months, and leaves the US before she accumulates 6 months presence, there's no bar, and the process becomes easier.

The matter of being caught at the border in the past might be an issue of relevance, too. Did she come to the attention of US authorities or only Mexican authorities? If she came to the attention of US authorities, research exactly what happened and how that will affect admissibility under INA 212.

I'd suggest setting up half hour or one hour consultations with a couple of different immigration attorneys, just to confirm what's been said here and to outline a strategy. You may end up deciding to file the paperwork yourself, but an initial consulation isn't expensive, and will help you figure out what you're up against. Also, read up on the "waivers" forum here on VJ, especially the sticky posting on what constitutes "extreme hardship".

There's also the issue of deciding when she should go abroad. Every extra day she spends in the US carries at least a little risk. And being here after she's brought her presence to the attention of authorities by filing a petition may increase that risk. But personal circumstances may argue for staying in the US as long as possible. There's a balancing act judgement that only the couple can make.

She probably already has a lifetime bar from being caught and deported twice before.