even if you end up getting the bar, the bar can most always be overcome by filing the 212 and 601 waiver. this is what you will need if you go the rout of the i30.

if you do the 751, you will not accrue any illegal time per say.

you can read about bars and waivers at this link

http://www.visalaw.com/98may/27may98.html

quote:

Originally posted by mike_2007:
but how come they counmore than 180 days and more 1 year when iam outside the u.s,,i thought this was for ppl who gets cought illegaly staying in the u.s not outside?so do i still have time to file a new one now?

a new what?

new i-751 waiver

you never filed a waiver..


you filed a joint petition 751 with your 1st wife. it was denied because a divorce occured.


You have to file a 751 waiver...

did you ever file a 751 waiver before....??

I thought you were understanding this waiver stuff mike. let me know if you dont b/c you must understand.

dont give me more headaches now.

no i never filed a waiver ,,we file a motion to re-open on the old marriage ,,but not a waiver no,i never did,,just 1 ,,motion to re-open and it was denied

okk good..

of course it was denied.. what an IDIOT!

you should sue him for malpractice.


you must understand this and not get confused.

filing the 751 waiver is about you regaining a current status for a new 551 stamp or 797. this makes you legal... at the same time, becuase you had no legal status.. you are technically out of status. by filling the 751 waiver it restores your status, so therfore no illegal time has accrued. (This is all the assumption that you are here in the usa)

are you with me so far. (the fact that you are out of the country is another issue) lets not go there right now.

i130 can not give you a legal status.
and you do not have any evidence of a real marriage. so that is one reason it was denied and the other is that a i864 support affidavit was not filed.

tell me if i lost you on this

Here is article on humantiarian parole.
it is short and to the point.

as i told you... get over this idea.

Humanitarian Parole


Definition: The Secretary of the Department of Homeland Security may, in his discretion, grant a temporary stay in the United States on a case-by-case basis to persons, who for urgent humanitarian reasons or significant public benefit, apply for admission to the United States.
Humanitarian Parole cannot be used to circumvent normal visa-issuing procedures, nor as an instrument to bypass preference immigrant visa availability or processing for refugee status. Parole is an extraordinary measure, sparingly used to bring an otherwise inadmissible alien into the United States for a temporary period of time due to a very compelling emergency.

Note that Humanitarian Parole can only be requested for persons who are outside of the U.S.

Examples: Thomas, a permanent resident from Jamaica, is terminally ill with cancer. Before he dies he would like to see his two daughters from an earlier marriage. They still live in Jamaica. As a permanent resident, he is less preferred for early consideration by the CIS when he filed an immigrant petition for an alien relative. Given the little time left, he applies for humanitarian parole


ok chew on understanding the 751 thing overnight and let me think on this mexico thing and outside of usa

good night mike. hope you are sleeping more sound tonight..with a light of hope

thnx alot 4now ,,and if ur still there i have 1 last question for u ,,let me know if ur still on here plz

ok mike

i just check ed my emails

whats your question

my eyes are gettin yellow and im blinking alot

what ur saying is true and its the best obtion for me,,,but why every single lawyer have told me that after i left the u.s ,,they give me only 90 days to file a waiver for the 751?everybody said the same thing?they said if u dont file a waiver whithin 90 days then u will lose ur right to file a waiver and then u will have to start all over again,,which the i-130 and all that,,,so are u so sure about that there is no time limit to submit it?specially when u re-married?bcoz to me its sounds great

There is such a thing as USCIS discretionary.

It will be up to the service to accept your late filing. a late filing can be accepted with extraordinary circumstances or unusual circumstances occured to make filing late.

Service does not have to accept late filing. but many times they do, especially in the case of joint filings. it happens a lot.

Waiver is already a late filing becuase of waiting for the divorce. Your petition was just denied while you were in detainment.

bad advice got you into this situation..

i believe your excuse will be based on wrong advice given by the lawyer as to what to file. in fact it was malpractice. he didnt even know about 751 waiver criteria to give you necessary advice. You were misled about the new filing based on new marriage. You have now been advised by a competent new lawyer and are now filing the 751 waiver to seek permanent residency based on bonafide marriage. you will start with please excuse late filing based on:



do yourself a favor.


try to make a very concise thread about the facts and take it to british expats.com forum

see if "forsynthia lawyer "will comment on your case. make it accurate and concise.. not like here when it took so much time to get the accurate facts.

there are ****s over there too. so watch out. but see if he will comment on the late filing of the 751 waiver.

also.... google.. late 751 waiver filings. lots of stories to read.

good night.

one more thing.

i know you are remarried.. but you will have to wait a few years to make it thru the whole thing to get a conditional green card and still have to remove condititions by filing a joint 751.


the 751 waiver will get you a permanent 10yrs card.


you have nothing to lose but time. if you are denied, then you worry about filing on the new marriage. but making sure everything is in order

peace im out

thnx alot and good night,,i will talk to u tomorrow

mike_2007 - it looks like 4now has given you some good advice. If you need anymore help from me - let me know. Good luck and keep us posted.

thnx proudusc and everyone,,i think iam just ganna file a waiver for the i-751,,and its just sad to find out about this after 1 year and almos 1 month,,wow,,but what about the denial of the i-130?is this will effect the i-751 waiver thing?i mean what if they c that my i-130 got denied ?is this will be an issue?

Mike, I am truly sorry that your I-130 got denied, and I hope you are able to get approval on the I-751.

thnx jakeo1 and yea hopfully,,but i will still fight for the i-130,,i called an attorney this morning and he was like what r u talking about man?when i read the letterfor him and mention all thoes codes for him he was like ,,this is a big mistake ?????it has nothing to do with ur case,,first ther saying my wife is a (pr)?what the hell is wrong with thoes people?she's a u.s citizen since 1990??????????and then they said i was deported?i was never freaking deported and i have a paper sighned by the judge saying that my case was dropped and no charges and all this and then the withdraw the application for admition?what's wrong with thoes people?and ther saying the evedence all after the marriage?u know something,,i didnt send even 1 paper after the marriage?everything i sent is dated in 2005 and 2006 ???????????what the hell?the attorney said we can appeal it and won very very easy bcoz everything on the denial letter is a mistake?but the problim is the waiting time?and why do i have to pay for some idiot mistake?this is not fAIR at all,he said the BIA appeal will take ayear and half,,and the local office is faster but he doesn't know how long...what a deal ha,,

But, it does sound like there's some hope, right? I understand that you are unhappy about the potential wait time, but at least there's some light at the end of the tunnel, huh?

no actually its 100% bcoz ther saying shes a pr and she's a u.s citizen,,ther saying i was deported to jordan,,and this is a lie,,my case was dismessed ,,ther saying there is no evedence in the year of 2005,2006,,,and everything is in 2005,2006,,and we have copy's of everything,,so everything is a lie........but thats not the problim,,the problim is the waiting time

Good morning mike

if you get chance, list for us the denial codes and reasons given by uscis



What did lawyer say about 751 waiver filing?

Have you sseen your wife naturalization certificate? She had to enclose a copy when she filed the i130? did she?


You said on the application you ansered tthat you were deported.. didnt you?


you have to remember that the charges about the false citizenship claim have nothing to do with your immigration problems. all that paper relates to is a crossing the border offense.

You have to find out if there is oustanding removal order filed against you and if you were removed in abstenia. ( not being there for your hearing) You have not kept uscis uptodate with your address for mailing.

the immig court number does not show anything for current cases. your case may have been closed and wont show up there. YOu need too call and talk to immigr officer about your current status. dont tell them you are in mexico or any details!! just inquire, and say u are getting ready to file your 751 waiver.