Yesterday my husband (undocumented) and I (USC) visited an immigration attorney to find out how to proceed and we were informed it would be better for us to wait to see if Congress passes the law to reenact the LIFE Act - specifically 245(i), rather than file the I-130.

Does anyone have any idea if the reenactment of 245(i) will pass in this session of Congress? Do you know when the vote will be held?

If it passes, does anyone have any idea what the restrictions may be?

I am assuming that your husband entered the US illegally. If thats the case then know that there will not be any leglislation that even remotely resembles the LIFE act again. The only thing on the horizon is the Guest Worker Scheme and even that will have a hard time being passed into law.

Did the attorney not tell you how small a chance there was for 245i to come back? There have been a lot of people post on here and there is a whole group on www.immigrate2us.net that are going through the process of filing everything and filing waivers. (I-601). You might want to do a search on this site and/or check out the immmigrate2us site and just read what these people have done and are doing. They offer a lot of support and guidance in the process.

Thanks for your replies.

No, the lawyer did not say how small of a chance there was. In fact, we've spoken to two lawyers who seemed to feel there is a better than average chance.

If there is anything that I have learned from knowing people going through the immi process, reading these boards, and talking to attorneys it is that you have to be extremely careful who you use as an immigration attorney. I'm not saying that the ones that you consulted are bad just that you need to be very very careful. If you haven't read other boards you might want to and see if you think they advised you well.

How do you know which attorney to pick? This whole thing scares the hell out of me. We're dealing with our lives here!

@lost in us,
Any links to the Guest Worker proposition that will be on vote?

The guest worker program is not for those needing and wanting green cards, as they can not get green cards on this program. There is a limit on how long one can be here with the guest worker program. I suggest filing the I-130 wait for your interview in home country and then file 601. Waiting could cost you years. If you file I-130, and it is in processing or approved, in the unlikely event something like 245(i) goes into effect, you can then file for adjustment of status.

Here's the White House press sheet on the guest workers program: http://www.whitehouse.gov/news/releases/2004/01/20040107-3.html. That's about as much as anyone knows about it because Congress hasn't actually taken up the issue. So, a vote on it isn't going to happen anytime soon, if ever, in my opinion.