Traveling inside the US while pending I-130

[rmartcal]

I am a US citizen applying for my Mexican husband. What will be his legal status while he is pending the I-130. Can he travel within the US while the application is being processed? If yes, what documents do we use to prove that he can travel? If no, what steps do we take to allow him to travel within the US?

[curiousone]

I am a US citizen applying for my Mexican husband. What will be his legal status while he is pending the I-130. Can he travel within the US while the application is being processed? If yes, what documents do we use to prove that he can travel? If no, what steps do we take to allow him to travel within the US?

What will be his legal status?
If youre not also filing a I-485 then his status is as it was before the filing.

Can he travel?
Filing the I-130 alone does not restrict or allow any protection while traveling.

In short, he remains in the same position as he is now.

[rmartcal]

What will a 485 guarantee? Will this allow travel within the US? We are unsure if we should file a 485 again. We were scammed by an attorney. We filed a 485 in 2003. The INS website states that it is pending, but INS officials looked it up and said that it was denied. We think the attorney did not advise us of the appointment. The 485 was filed for late amnesty. He enterred without inspection in 1980. We married in 1999, and we are just so ignorant of all of these proceedings. We have an appointment at INS tomorrow. We're just going to file on our own. The last time we went to INS, we were told to file a 130 and a 325G.

I just need to know what to do to allow him to take a vacation with us in the meantime. I know it sounds trivial, but the kids would love it. We always go alone.

[curiousone]

What will a 485 guarantee? Will this allow travel within the US? We are unsure if we should file a 485 again. We were scammed by an attorney. We filed a 485 in 2003. The INS website states that it is pending, but INS officials looked it up and said that it was denied. We think the attorney did not advise us of the appointment. The 485 was filed for late amnesty. He enterred without inspection in 1980. We married in 1999, and we are just so ignorant of all of these proceedings. We have an appointment at INS tomorrow. We're just going to file on our own. The last time we went to INS, we were told to file a 130 and a 325G.

I just need to know what to do to allow him to take a vacation with us in the meantime. I know it sounds trivial, but the kids would love it. We always go alone.

You could only have filed a I-485 in 2003 if you had a I-130 pending. Was that I-130 also denied? If it was, then you will not be able to file a I-485 now. If on the other hand, you filed a I-130 prior to April 30, 2001 and it was not denied, then all you have to do is file the I-485.
Because he entered wihtout inspection, if he does not have a I-130 filed before April 30, 2001 which is currently either pending or approved, then even if you refile the I-130 he will not have any legal status.

What will a I-485 guarantee? A lot. If he's eligible to file one, it would allow him to file for work authorization, it would allow him legal status while its pending, it would allow him to stay here and get the green Card without going back to Mexico to apply for it, after the I-130 is approved, it allows travel ( after filing for Advance Parole)

Why are you going with him to USCIS? He's here illegally.....are you aware that he could be detained there? Marriage to you does not give him legal status until he has his I-130 approved and I-485 , at the minimum, pending.

I would cancel that appointment, or go alone. You need to contact your former attorney however. Tell him that you need a clear answer on exactly what happened with the I-130 and I-485 he filed on your and your husband's behalf three years ago. Tell him that you were told that it was denied and that you need a copy of the denial letter sent to him. The dates are going to be important and exactly what was denied.

Although youre probably frustrated with the process, I do think you need an experienced attorney. Your case is a little complicated and also once the I-130 is approved, your husband will have to attend the interview in Mexico, he will be denied, as a matter of procedure, and then he has to apply for a waiver and wait in mexico while that is pending approval. It could take up to a year. He sound slike a good candidate for a waiver but it has to be written well.

[rmartcal]

Thanks, you've been a BIG help. I really appreciate it.

[yandresyuk]

OK because he entered without inspection the process is a bit different then for regular adjustment of status... people who entered without inspection, under current laws, are not allowed to adjust status while in country

[rmartcal]

Update

this is an update to this post. I went to the immigration office, and was told that the old app was denied, as we thought, because we did not receive notice of the "court date." The officer said that deportation proceedings would have started. She advised me to have my husband live in Mexico for one year, in order to prove that he was out of the country for one year, then begin the I-130. How does this sound? We're thinking of doing it, but it will entail giving up everything.....

[curiousone]

this is an update to this post. I went to the immigration office, and was told that the old app was denied, as we thought, because we did not receive notice of the "court date." The officer said that deportation proceedings would have started. She advised me to have my husband live in Mexico for one year, in order to prove that he was out of the country for one year, then begin the I-130. How does this sound? We're thinking of doing it, but it will entail giving up everything.....

The 'court date" or the interview date? he would only go to court if he was placed in deportation proceedings. You need the denial letter or at least the date of the denial. Im not sure if you ahve a I-130 pending...........However, as soon as you realized that your I-485 had been denied, you should ahve conatcte dyour attorney and let him do a Motion to Reopen.........its a request to reopen the case becasu eyou didnt receive the Notice. Depending on the date of the denial, it still misgt not be too late. If you cant afford an attorney, conatct Cathlic Cahrities, they ahv e agood immigration clinic and will help you but your case is at the stage where you need an attorney. Dont let your husband leav euntil you speak to an attorney but you really need all your documentation. Hav eyou conacte dyour former attorney?