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  • Going in circles

    My husband (from Guatemala) and I got married, then decided it would be best to get going on his citizenship. We have since filed the I-130 back in Dec,2001. Of course, the Texas processing is still backed up to 6-2001. Has been for almost a year. I was under the delusion that it would be easier being married to the man I love. Now, we have a 7 mo. old son which he wants me to stay home to take care of while he works. There is another problem, he doesn't have a SS, yet. He has his tax ID #, but I'm worried about him trying to get a job and getting deported. Even if we are getting his paperwork done. Is there anything else we should be doing or is there any resources? He's been here in the US since 1988-89, but doesn't have any proof that goes that far back. I'm probably grasping at straws and our lawyer just tells us we have to wait it out. Any suggestions would help.

  • #2
    My husband (from Guatemala) and I got married, then decided it would be best to get going on his citizenship. We have since filed the I-130 back in Dec,2001. Of course, the Texas processing is still backed up to 6-2001. Has been for almost a year. I was under the delusion that it would be easier being married to the man I love. Now, we have a 7 mo. old son which he wants me to stay home to take care of while he works. There is another problem, he doesn't have a SS, yet. He has his tax ID #, but I'm worried about him trying to get a job and getting deported. Even if we are getting his paperwork done. Is there anything else we should be doing or is there any resources? He's been here in the US since 1988-89, but doesn't have any proof that goes that far back. I'm probably grasping at straws and our lawyer just tells us we have to wait it out. Any suggestions would help.

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    • #3
      Are you a US citizen?

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      • #4
        Sorry, Yes I am US citizen.

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        • #5
          Diane, sweetie, you can file right away for him, given the very fact you're an U"S citizen.

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          • #6
            I do apologize for being a little naive, here, but what do you mean, I can file for him? He has been here for so long, illegally.

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            • #7
              If you have already filed I-130 there is nothing you can do but wait. Keep following the news. There are some measures that could help you out. One is the 245i, which would allow you guys to pay $1,000.00 as a penalty for your husband's illegal presence and he could get his green card without leaving the United States. Another one is HR440, which would allow anyone who has been here for 5 years to get a green card without leaving. If neither of these go through, then your husband will have to go back to Guatemala to apply for his green card and the US embassy there as soon as your I-130 gets approved. If he leaves the country, however, he will trigger the 10 year bar. That means he won't be allowed back in for 10 years. You will have to make a case that it would be an extreme hardship for you to live in Guatemala if you want to get a waiver of the bar. I'm not sure how hard that waiver is to get, but you can probably be sure that it takes months or even years, judging from the length of time anything takes when it comes to immigration. The best you can do is to write your congressman and try to convince him/her to support those measures. Try to get your friends/relatives to write also. Please don't take my advice too seriously. I am not a lawyer. I am in the same situation as you and I only know what I do from doing my own research and reading other posts on this board for the last 6 months or so. It is best to get as many opinions as you can and to visit this site as often as you can in order to gain more knowledge. Many feel very optimistic that a measure for people like our husbands will be passed before the next presidential election. I just want to let you know that there are many out there in your same situation, so don't feel alone. You can find a lot of support on this board. Feel free to post here whenever you need encouragement.

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              • #8
                I would not count on a 245I , we have had enough!!!!!

                Court: State must cover care for illegals
                Justices reject bid by agency to limit in-hospital Medicaid

                --------------------------------------------------------------------------------
                Posted: August 26, 2003
                1:00 a.m. Eastern


                By Jon Dougherty
                © 2003 WorldNetDaily.com

                The Arizona Supreme Court has rejected a plea by the state's Medicaid provider to limit medical coverage for illegal immigrants to emergency room and acute care.

                The Arizona Health Care Cost Containment System, or AHCCCS, manager of the state's Medicaid program, is obligated to provide care to illegals beyond emergency room and other acute care wards, justices ruled unanimously Thursday.

                According to Capitol Media Services and the Arizona Daily Star, AHCCCS – which currently pays $75 million to $80 million a year in emergency care for illegals – had refused to reimburse hospitals for services it said were not covered. About one-third of that amount is covered by state taxpayers; the federal government covers the rest.

                AHCCCS had argued it was only obligated to pay for emergency treatment – coverage that stopped once patients were moved to non-acute care wards. But Justice Michael Ryan, writing for the high court, called that definition far too narrow.

                Frank Lopez, a spokesman for the Medicaid agency, said officials would have to review the ruling, but he expressed confidence AHCCCS would end up paying for the care of illegals who previously were not considered the state's obligation.

                A series of lawsuits followed after AHCCCS refused to pay for the extra care in several cases.

                In consolidating the complaints, justices said the state Medicaid agency could not base its decision whether or not to pay the claims on where the care was being given at hospitals.

                "Whether a patient suffers from an emergency medical condition (that the state must cover) does not depend upon the type of bed or facility the patient may be in at any given time," Justice Ryan wrote.

                He said AHCCCS must instead use a standard of care based on whether a patient's symptoms have, or could, put them in serious jeopardy, seriously impair function or result in a severe dysfunction of any organ or body part.

                Despite the justices' ruling, the high court did not say whether AHCCCS would have to cover any of the bills that resulted in the lawsuits. Rather, the high court sent the case back to trial judges, asking them to review each patient's record using the correct standard.

                Critics of providing unlimited medical care to illegals argue many of them use emergency departments as clinics, a practice that not only can delay care for others but, since E.R. care is more expensive, can also raise the overall costs of operating a hospital. This is especially true in areas suffering from high immigration.

                As WorldNetDaily reported, the cost of providing medical care to illegals in and around Los Angeles is rising so fast that many hospitals have cut services or closed emergency departments.

                According to Project USA, an immigration reform group, the problem is "epidemic" throughout California. The group adds the problem is compounded because fewer taxes are being paid to support care for illegals.

                "Since employers usually pay illegal aliens 'off the books,' neither the employer nor the workers pay payroll taxes," the group says.

                Regarding health care, former immigration Lawyer Matt Hayes said "it is amazing that America is willing to provide free medical treatment to people who are not citizens – and even illegal aliens – while the home countries of most all of those people will not do so."

                "For the fiscally conservative, free medical treatment for illegal aliens in an emergency is better than free medical treatment for illegal aliens for all maladies, all the time," Hayes said in a column for Fox News.

                "But because America is now deluged with illegal immigrants like it has never been – 8 million by the most recent government estimate – the cost to taxpayers, even for emergency medical treatment, has skyrocketed," he said.

                The Border Counties Coalition, formed by the elected officials of the 24 U.S. counties that border Mexico, Hayes said, reported medical expenses for illegal immigrations in 2000 was $832 million just for those counties.

                Sen. Jon Kyl, R-Ariz., says the cost to the entire nation is in the billions.

                "According to one estimate, the cost of providing federally-mandated health care to illegal immigrants is between $1.5 billion and $2 billion annually," he said in a Jan. 11, 2002 statement.

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                • #9
                  If you speak to attorneys and politicians in different areas it seems that most say some type of bill will pass, probably around January. Might not be 245i being reinstated but could be HR 440 or some version of it. There are a lot of things being discussed. www.senate.gov is a good place to start, finding out who your representatives are, finding out what bills are active, etc.

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                  • #10
                    Thanks for all your help. I appreciate all that I can get. I wrote to the paralegal that is working on our case through our lawyer about the HR 440, she didn't say much about it, in fact, for some reason I got the impression she would rather have me sit and wait for the 245i and not bother with the other. We've spent so much money for this immigration lawyer, but I have yet to see any results. I hope I'm not throwing our money in the toilet! My husband works hard and pays his taxes under "self employment". I'm not sure if there is another way to do this, but I figured it may be the safest for all parties. I didn't want to get him or the people he works with in any trouble. Should we be doing this another way? How do people in these kind of situations find better work? It almost seems impossible.

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                    • #11
                      here how its gonna go.
                      after your I-130 approval you will file for AOS, and AOS interview he will be issued NTA( because he is here illigally) he may or may not be detained and bonded and released to his own recognation. when the NTA is issued means he is put into removal proceedings. At that thime he should file for cencellation of removal based on marriage to USC, 10 years physical presence and good moral, and extremely unusual hardship to USC dependents.
                      once granted he can adjust his status. you should not wait 245i.
                      worse then worse he will get deported and still he can come back within a year after filing 601 waiver.
                      Its a discussion, not a legal advise..

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                      • #12
                        How can a person plea a case for extreme hardship? He's not 'supposed' to work, so I've gotta be the bread winner. If the HR 440 doesn't pass or if it doesn't apply to us, like our paralegal seems to think it won't, should he go ahead and go back to Guatemala willingly, then fill out the 601 waiver?

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                        • #13
                          He should work and pay taxes, he is married to usc, he have an excuse that he is supporting his family.
                          Its a discussion, not a legal advise..

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                          • #14
                            what is the best way to find work? he has no SS. Only a Tax ID#. Sometimes I am curious why it's ok to pay Uncle Sam, but not ok to let them know you are working.

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                            • #15
                              Folks, a USC can petition even for an illegal alien. Not so if the alien has entered the country illegally -- that is the case when you'd need to use 245(i). Is the latter the case with you and your hubby, Diane?

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