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Illegal in the US for 30 years now and filing I-687

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  • Illegal in the US for 30 years now and filing I-687

    Hey all you good people out there!

    I am 48 years old. My wife (she's 47) and we have been living illegally in the US since our student visas expired in 1985. (Her visa actually expired a month later than mine.)

    We came to the US in 1976 to study when we were both 18 years old. I got my bachelor's and my master's degrees. My wife got her bachelor's and master's too. I was supposed to continue on with my doctorate but I dropped out and started working illegally in 1982. She started working illegally in 1982 when she got her master's.

    We got married in 1982 and we don't have any kids.

    We want to become legal again. We both filed for the I-687 under the Newman (LULAC) agreement in June 2004. We got our pictures and fingerprints taken a month later but we haven't heard anything yet.

    I have two questions for all your good people out there:

    (1) Is there any hope that we could become legal again? We've been here for almost 30 years now.

    (2) What is the lead time in getting the I-687 processed? I don't see any mention of the I-687 processing times on the CIS website.

    Thank you very much in advance for everything.


  • #2
    Is that 245a?


    • #3
      yes you havegood chances... if you can prove that you are here as you said. there is a list of evidence if you have one of them you will be approved .
      You are supposed to file I130 under 245i time line .. if you have done so there is a good chance you will be approved.
      Its a discussion, not a legal advise..


      • #4
        Yes i agree with Mohan. When someone is living here for more than 10 years and paying taxes and without any legal trouble, you may apply for green card. Please get a good a reputed lawyer.


        • #5
          "When someone is living here for more than 10 years and paying taxes and without any legal trouble, you may apply for green card"<---- is that true? because i dont think it is


          • #6
            I'm pretty sure what you all are thinking of no longer applies. The 1996 law changed a number of things. The following is from another website:

            It is important to learn about an immigration law passed in 1996 that changed the law for immigrants living in the United States. Under this new law, legal permanent residents convicted of many types of criminal offenses - even many non-violent offenses, and even if the offenses happened many years ago may be held and then deported from the country.

            There is some relief available to you under the new law. Immigrants may seek cancellation of removal under two provisions.

            1) If you are facing deportation on criminal grounds and you were lawfully admitted as a permanent resident 5 or more years ago and you have resided in the United States for more than 7 years continuously, then you may apply for cancellation of removal if you have not been convicted of an aggravated felony.
            2) If you are facing deportation and you have been physically present in the United States for at least the last 10 years continuously, have been of good moral character, have not been convicted of a criminal offense, and have a qualifying relative (a parent, spouse, or child over 21 who is a citizen or legal permanent resident), you may seek cancellation of removal. Cancellation depends on your ability to prove that your removal would cause extreme and extraordinary unusual hardship to your qualifying relative.


            • #7
              You and your wife entered on student visa and you guys maintained your status till 1985. you will have problem for 687 approval because the cutoff date was january 1st 1982. your application under 245a (2) (d) will only be approved if you was out of status before the janyary 1st 1982. as you said you lost your status in 1985 . i don't think you will get approval on it.

              On the other hand I was refereing to get approval of suspension of deportation but you have to put yourself deportation first. this suspension will be very tricky in your case and only good attorney can do it sucessfully. as we all know , attorney's makes their money filing forms, it will be hard to find someone who will take real pain to write whole description in your case. so you have to find a good attorney who have fire in the stomech. and strive to get what his clint want ,not only money.
              If i were you I will wait for the answer for 687 and then will take action after 867 decision.
              Just to give you general idea... you are gradnfathering Illigal reform act of 1996, so you should ask the service to get your suspension( not removal) under old rule of Immigration act of 1990.. your attorney should first explain that your application should be treated under old law governing at that time in 1985, then he should explain in brief governing Law ( immact 90) in which he should explain that not only US citizen hardship be considered but alien hardship also can be consider under Immact 90.
              then he should explain about your case that No OSC or NTA is issued in your case and You physical clock is running which never stoped.. bla bla... and then he should come to point with good moral, tax paid , no crime etc etc.. and some reference of H2 cases and he can file it..
              Its a discussion, not a legal advise..