Dear Reader, I need some feedback. I have been in this country since 1992, with a visitor's visa. I had applied for asylum and was denied and was ordered to leave the country in 1999. – Which was a voluntary departure. My wife at that time was Legal Resident (Green Card holder) and her status could not influence the judge decision. I had a visa to go to Canada for a scout jamboree. I then re-entered the country illegally thru Canada. When my Wife became a Citizen, she applied for me for a change of status and I was given a working Authorization. She is a RN and we have two children born here. We recently went for Immigration interview and I was denied the Green Card because I re-entered the US illegally. So we are now awaiting the final decision, we do not know what to do. So please help us...
This message has been edited. Last edited by: Mougouson,
If you enter the U.S. un-inspected your spouse still can file alien relative petition I-130 for you but you can not adjust your status (I-485) while in the U.S. In my opinion your only option now is to apply for an immigrant IR1 visa in the country of your origin with a waiver of inadmissibility (I-601).
If on the I-130 you stated that you will adjust status while in the U.S. before your I-130 can be forwarded to an embassy/consulate first you have to file form I-824 (application for action on an approved petition). After this form is approved your I-130 will be forwarded to the NVC and then to the embassy/consulate. All this will take time.
At the time of your interview the visa will be denied and you'll be advised to file the Waiver of Inadmissibility (form I-601). Along with this form a letter of hardship is filed that details extreme hardships to your USC spouse and not to you as an intending immigrant in case you won't be granted a visa. Every hardship in the letter must be backed up by documents. There's a website immigrate2us.net that has a forum of people dealing with this waiver.
I got the same issue but I just leave for canada to get the papers there without having any contact with the US immigration. I was also over stayed and live illegally in the US. After getting the canadian paper I enter US illegally my question is does they know that I leave and enter the US illegally. My one concern was I surrender my driver license to canada to get the license here? Thanks
Immigration forms have a question about your visits to the U.S. legal or not. If you fail to list all of your visits you'll be committing perjury (immigration fraud). Most likely the CIS will find out about it and you risk denial of immigration benefits that you applied for and being barred from the U.S. for life.
From what I read, the biggest mistake you made is that you voluntarily left. You were supposed to appeal, and to continue appealing until your wife got the citizenship. Your purpose by appealing over and over, until you got to the highest circuit court was to get more time. The process takes a long time, and if you have done that, by the time you exhausted you right to appeal again, your wife would have been a citizen. Now, we cannot change what it was done, so you have to think what can be done now, putting the mistakes behind. Your best solution is to get an extremely good lawyer, specialized in the higher court(circuit court). I don't know for sure if a very, very good lawyer would now been able to turn all these around, but what i know is that a very, very good lawyer can turn a case from circuit court back to the immigration judge, surprising the immigration judje himself. Just think of what i wrote, follow it only if you think it is right for yor you, My opinion is to try and ask a very good circuit court lawyer if anything can be done about it. I wish you lots of luck.
you cannot do this alone, you do need a lawyer. This is not a simple case, just the illegal entering is not simple, and when you add the asylum situation to it, then it makes it very difficult. Be aware of bad lawyers. A bad lawyer will damage your case even more, that's why you have to get the very, very good lawyer. How do you get the very good lawyer? If not through friends, then you will have a lot of search to do on the internet. You will only choose the one that will get a lot of responses only when you type the name on a search engine.When i meant responses, I mean that the answers you are looking for are "cases", displayed from the court, also someething that shows you that he has fought in past cases for immigrants' rights. I don't know how to explain it. I hope you understand what i am trying to say. Well, LOL, if you will decide to take this step. Good Luck once again.
Why can't his wife file for a k-3, he establish a residence in canada, go there for the interview, and prepare an I-601 waiver? They seem to be processing the I-130's before the I-129's...
If you have been unlawfully present in the USA for more than a year (cumulative) OR have been deported..
AND then enter the USA without inspection there is no good news to give you. You are subject to 212(a)(9)(C) which does not allow for any form of relief such as a waiver. The only possibility you would have would be to leave the USA and pretend that you never returned (which may be very difficult if you have filed papers here).
You could also attempt to get a congressperson to pass a law especially for you, but it is somewhat unlikely.
Finally, you can establish residency in your own country or a third country and live there until 10 years have passed, at which point you would be eligible to enter the US again.
Hey so-called Michael Smidth and Moondin, are you girls really retarded? if yes, get some help at your psychiatric clinic nearby and stop acting like a stupid idiots (may be you idiots are really morons)
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