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Not sure what to do now, need advice please.

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  • Not sure what to do now, need advice please.

    My husband came here illegally in 1995 from Mexico.

    We married and applied for I-130 in Dec. 2001.

    I-130 was approved, but the attorney said he wasn't able to adjust status.

    I am not very confident with the attorney we have, she has given me some incorrect information in the past, and well, I want to make sure we're covering all of our basis.

    We have 2 children together, he works and has paid taxes for the last 7 years. My parents are business owners who are more than financially secure and are willing to sponsor him.

    Is there anything that will help him be here legally?

    Thanks so much for any advice you can give. Thanks.

  • #2
    Might help!

    In 1994 Congress passed a law [INA ยง245(i)] that gave hundreds of thousands of individuals until January 14, 1998 who had entered without inspection or overstayed a visa to do AOS in USA by paying a $1,000 fine if they qualify for a Green Card through a family member (spouse, parent, child, or sibling) or through an employer.

    On December 15, 2000, President Bill Clinton signed the Legal Immigration Family Equity (LIFE) Act, which extended the January 14, 1998 deadline to April 30, 2001 . This gave a second chance to those who had missed or been unaware of the original deadline.

    If a AOS petition was filed on or before April 30, 2001, you may be 245(i) eligible, meaning you can get a Green Card without leaving the United States.

    From your notes, it seems like that you missed the deadline so yes, your attorney is right as your husband can not do AOS in USA. He will have to go back to his country of last residence and do CP. But before you do that, remember there is a re entry ban as well . If you have been unlawfully present (that is without a visa or visa waiver/tourist visa) in the United States for 180 days or more, and voluntarily departed the United States before the commencement of removal proceedings you will be deemed inadmissible for a period of three or 10 years from the date of departure depending on the length of the unlawful presence. you should seek legal advice because in certain circumstances you may be eligible for a WAIVER of some of the grounds, also known as I-601 or Extreme Hardship Waiver without leaving USA. Waivers are mainly available in the case of immediate relatives of citizens or lawful residents. Also if you are not satisfied with your attorney, get a new one. Getting a green card is a very serious matter for your husband so spending few hundred dollars extra in order to get a good competent attorney should be your number 1 priority. And please be advised I am not an attorney.

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