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questions on procedures for I-130 and waivers

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  • questions on procedures for I-130 and waivers

    Hi

    I asked questions a few weeks ago about this, and received several replies. I have a few more questions, if somebody would be kind enough to reply?

    Summary - I am illegal alien from UK, entered w/o inspection via canada, have been here illegally since 99, married USC in 2002, was denied B2 visa for previous criminal convictions, told to wait until 5yr period following same had expired before applying again, also noted that I had lied on VWT form, saying NO to the convictions/moral turpitude question.

    Previous advice from here was to remain in US and wait it out, see attorney, etc.

    One reply said that, as spouse of USC, I-130 would be approved, and waivers for the remaining issues "could" be given. I am staying here, hoping to solve this problem as soon as possible.

    My questions are -

    1. Will the I-130 be approved? Even with my status and everything else?

    2. How can we apply for I-130, given that I am here illegally, and once we apply, won't the INS just come and pick me up for deportation? (On the I-130 form, there is the box for status, and an example of "without inspection", do we actually fill that in stating my status as that??

    3. Which waivers will be required, will they be given (or the probability of such), any that are unlikely to be given?

    4. How long would it be likely to take for the whole process? Once we apply for I-130, and assuming it is approved, can I then apply for an EAD, allowing me to work, while the rest of the process is carried out for my LPR status?

    5. Ultimately, I guess I am asking for someone to say, "yes, it WILL all work out ok", but I am fearfull that it won't, and that everything we have built up together will be taken away from me. If there is anyone who can give me some pointers, share experiences, etc., I would appreciate that.

    Regards and thanks in advance.

  • #2
    Hi

    I asked questions a few weeks ago about this, and received several replies. I have a few more questions, if somebody would be kind enough to reply?

    Summary - I am illegal alien from UK, entered w/o inspection via canada, have been here illegally since 99, married USC in 2002, was denied B2 visa for previous criminal convictions, told to wait until 5yr period following same had expired before applying again, also noted that I had lied on VWT form, saying NO to the convictions/moral turpitude question.

    Previous advice from here was to remain in US and wait it out, see attorney, etc.

    One reply said that, as spouse of USC, I-130 would be approved, and waivers for the remaining issues "could" be given. I am staying here, hoping to solve this problem as soon as possible.

    My questions are -

    1. Will the I-130 be approved? Even with my status and everything else?

    2. How can we apply for I-130, given that I am here illegally, and once we apply, won't the INS just come and pick me up for deportation? (On the I-130 form, there is the box for status, and an example of "without inspection", do we actually fill that in stating my status as that??

    3. Which waivers will be required, will they be given (or the probability of such), any that are unlikely to be given?

    4. How long would it be likely to take for the whole process? Once we apply for I-130, and assuming it is approved, can I then apply for an EAD, allowing me to work, while the rest of the process is carried out for my LPR status?

    5. Ultimately, I guess I am asking for someone to say, "yes, it WILL all work out ok", but I am fearfull that it won't, and that everything we have built up together will be taken away from me. If there is anyone who can give me some pointers, share experiences, etc., I would appreciate that.

    Regards and thanks in advance.

    Comment


    • #3
      you entered without inspection..this is yr big problem...

      Comment


      • #4
        Hi

        I realise that entering w/o inspection was a mistake, and that it is a big problem to overcome, but that was the whole purpose of my initial post!

        Is my situation hopeless? will the INS grant waivers for everything, since without all the waivers, there is no hope??

        I am hoping someone who has the knowledge to answer these questions will reply to me, since I am presently losing all hope of resolving this situation.

        With thanks in advance.

        Comment


        • #5
          I am not 100% sure what to tell you. First, I think that they will probably approve the I-130 regardless of your status and probably won't waste time coming to pick you up.

          However, filing for the I-130 won't do you any good whatsoever if the waivers are not available or won't be approved. I have heard that they are not available for AOS if you entered without inspection, however I don't know if there might be something that is available from outside the country.

          Besides this is all opinion/hearsay.

          I would suggest that you call the INS and ask them what you can do in your case. When you have a little more specific information, then perhaps we will be able to help you a little more.

          Also, What state are you in?

          Comment


          • #6
            The 245i is the only relief for AOS without inspection, but that ended April 2001. The waivers such as i-601 does not apply to
            entering without inspection.

            Comment



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