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  • process for the i130 form

    hello
    my story is this. i've been leaving in the U.S.for 11 years as an illigal imigrant and now that i married a us citizen i filed the i130 but don't know what the procedure is. my husband and i are very confused.
    we filed in January
    recieved a case # in february
    and now our case has been aproved.but what does that mean?
    what comes next?
    is it true that because he is in the army the process can take less time?
    is there a penalty for being in the U.S. illigally or am i excluded since my parent brought me when i was a minor?
    I hope that someone can help me answer some of this questions
    thanks!!
    Alondra

  • #2
    hello
    my story is this. i've been leaving in the U.S.for 11 years as an illigal imigrant and now that i married a us citizen i filed the i130 but don't know what the procedure is. my husband and i are very confused.
    we filed in January
    recieved a case # in february
    and now our case has been aproved.but what does that mean?
    what comes next?
    is it true that because he is in the army the process can take less time?
    is there a penalty for being in the U.S. illigally or am i excluded since my parent brought me when i was a minor?
    I hope that someone can help me answer some of this questions
    thanks!!
    Alondra

    Comment


    • #3
      did you enter with a visa and overstayed it? or did you cross the border without inspection?

      in any case, if your I-130 is approved, apply for AOS. go to www.uscis.gov for procedures.

      Comment


      • #4
        AOS, as Lucy indicates, is Adjustment of Status. There is a link on this site on the left to download the forms, I believe the form is an I485 and there should be instructions with it.

        Good luck.

        Comment


        • #5
          Lucy,
          i crossed the border without inspection
          so you are saying that now that i have been aproved i have to fill out another form to get a job permit?
          i will take a look at that form!!
          thanks
          Alondra

          Comment


          • #6
            I believe because you entered without inspection (even as a minor) you are not elligible for AOS. You might want to confer with a immigration lawyer on this but I think you might have to return to your home country for a while.

            Comment


            • #7
              Mr. Froggy is right. You cannot adjust status if you entered without inspection.

              Get a lawyer.

              Comment


              • #8
                how can someone enter US without inspection?

                Comment


                • #9
                  My husband and I just filed our I130. He entered without inspection too and has been here for 8 years. We have been married for 2. Since he entered w/o inspection he cannot adjust status and we must have interview in Juarez and we will be denied and he will be given a 10 year bar from entering U.S. Then you file a I-601 waiver which is asking for an exception to the 10 year ban due to certain hardships.

                  You should go to www.immigrate2us.net/forum/index.php and there is much more info and help there.

                  So far, I have been able to do without an attorney and understand what is going to happen. Go check it out!

                  Good luck!

                  Angie

                  Comment


                  • #10
                    Hi again,

                    Just wondering at which service center you submitted your I130. That seems so quick. I thought it took about a year!!

                    Comment


                    • #11
                      You are entered uninspected. If you filed I130 before april2001 you will be allowed to adjust your status while in US, but you applied for 130 way after that date , which will not allow to adjucated the AOS process.

                      You received I130 approved. this is the first step for Adjustment of status. this will allow you file Next step ( I485 package) but because you are illegally entered USCIS will not approve your I485.
                      I130 approved meand you are married and marriage is entered in good faith. it will not protect form deportation. Not to mention that your deportation proceeding is not opened yet.

                      Army process has less time and has special requirement too. Check with Army's Attorney is your best bet if your husband is in Army.
                      There is only one way left, but i don't know if you qualify for that or not and also comes with strings attached.
                      thats the base of Cencellation of removal. to do the cencellation of removal you have to put yourself in Deportation proceeding, which is not agood idea in your case, also you have to prove extreme hardship to USC. Thats whay I said, I Don't know if you qualify for that.
                      Its a discussion, not a legal advise..

                      Comment


                      • #12
                        Thank you for helping me understand some things

                        Mr. froggy and lucy: i know i don't have to go back. I've living here for 10 years. so what does it mean, i've been approved? what i know is that unless you have a crimminal record you can become a legal resident.And immigration lawyers say that the worst thing you can do is go back to your country cuz then you have to prove you lived there and how will that be possible if you have been here for a long time.

                        Angie: I filed in arizona and it was transfered to california. yeah it usually takes about a year. do you know what i have to do now that i've been approved or what is the procedure?

                        mohan: well i don't know much about this. I have more questions than answers but when i filed, a lady that helps people with this kind of issues helped me and my husband. she didn't mention anything about this. i guess she should have known if it were true. in Arizona where i lived there are many many people with this same kind of case and i tryed to be informed about it. i've herd that for people that desided to come to the U.S without inspection are penalized with a fine. I'm going to search on the army's attorney and try to see what they can do. thank you
                        Alondra

                        Comment


                        • #13
                          OK, let's clear out the confusion.
                          (E)nter (W)ithout (I)nspection EWI means that when you crossed the U.S. border an immigration official didn't examine (inspect) your travel documents like visa, border crossing card, I-94 for a Visa Waiver Program and didn't determine the length of your authorized stay.

                          Entering un-inspected still permits your spouse to file alien relative petition (I-130) on your behalf, step one. But it makes you ineligible to file for "adjustment of status" (I-485) while in the U.S., step two. This means that you must return to your home country and go through "consular processing" to obtain an immigrant visa. The length of your stay in the U.S. makes no difference.

                          If your spouse specified on the I-130 that you will "adjust your status while in the U.S." and not the "consular processing", before the CIS can forward your approved I-130 to the National Visa Center (NVC) you have to file form I-824 (request for action on the an approved petition). Approved I-130 does not change your status from illegal to legal.

                          The NVC will forward your petition to the consulate/embassy in your home country. You'd have to leave the U.S. and attend the interview there. The fact that you entered without inspection and stayed illegally makes you inadmissible for 10 years after you depart from the U.S. To overcome this ban, after your visa is denied, you'll be advised to file a waiver of inadmissibility (I-601). The waiver argues extreme hardships to your USC spouse if he joins you in your home country. Usually a letter is attached to the form itself that details the hardships. Every hardship claim has to be backed up by documents.

                          Cancellation of removal will not work because you are not eligible to file for adjustment of status while in the U.S.

                          The only way you can adjust your status while in the U.S. is if the Congress amends section 245(i) back to the immigration laws (INA). This section would allow you to file I-485 while in the U.S. after paying $1000 fine. The chances of this law being passed in the near future are quit slim.

                          Comment


                          • #14
                            Alondra,

                            I am in the same process. I consulted a lawyer at one time and the previous post by "sup" is exactly what I was told. If I was you, I would go to: www.immigrate2us.net/forum. With the information available there we are able to do it on our own with no lawyer.

                            You will find much more helpful information and many people who have gone through the process successfully or that are in the process.

                            It is my understanding that you WILL have to leave the country back to your home country for interview/denial and waiver. You are in a really good position with a military husband. You may get lucky and only have to be out of the country a few weeks with the intervention of a military lawyer.


                            GOOD LUCK

                            angie

                            Comment


                            • #15
                              very well explained, sup. Good luck to you, Angie!

                              Comment



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