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I am a USC, and my husband is from Mexico. From what I understand, if we file the I-130 and get as far as the interview in Juarez, Mexico, we can be turned down for a visa if he has been in the US illegally. Is there anything we can do or say that would make them give us the visa? Any advice would be appreciated.
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you're not giving enough details.............did he enter EWI?..............is he simply an overstay?............what make shis stay illegal? -
He entered the US illegally about 10 years ago, and has been in the US since.Comment
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I am going to assume that by illegal, you mean that he crossed the border without inspection. That make shim inadmissible and as such he WILL be denied at the Consualte in Juarez. He then will have to file a waiver and wait for the response (hell have to remain in Mexico and wait for the response).
After he receives the denial, he'll file a I-601 waiver. Note that if you file your waiver application with a US consulate abroad, you will have to wait for the consulate to send your application to a USCIS offcie. The consulate cannot approve the waiver. This is one of the times when I would definitely reccommend an expereinced immigration attorney because the waiver has to be done properly to succeed. Some people do do it without an attorney but you definitely need some assistance ..................But basically hell have to prove that extremehardship to his USC spouse and children..... Also, I am not sure but I think you could file the waiver now.......but either way he cannot adjust his status here in the US.
You dont need an attorney to do the I-130 now so do that and then cross the waiver bridge when you get to it
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same boat
I am in about the same situation as LAS. I am a USC and my husband came across the border 8 years ago undocumented from Mexico. We have had a person (not a lawyer, but someone who knows about the documents and has helped hundreds of people from M***aukee do these forms over the years) helping us fill out all the paperwork for him to get permanent residency.
We were married in the U.S. about two years ago and started applying a few months afterwards. The person who has helped us with the paperwork basically told us that when he gets his date in Ciudad Juarez that he will have to pay some fines and stay in Mexico for a few months but indicated that thousands of people adjust their status this way every year. I've also read in every official statement about this that he would not be able to adjust his status because he came across the border illegally, but I also know a lot of people do it, so somewhere there must be a loophole that allows people in.
We've been waiting for a while now, we'd get a letter, have to do some more papers, then wait for the next one, so I'm a little fuzzy on all the document numbers. His date is in less than two weeks, so we are preparing for a separation as I cannot go with him because we have a home and responsibilities I need to take care of here.
I would like to converse more with someone about this situation - any advice, comments, etc would be apprecaited. Feel free to post or e-mail me directly.
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