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I-130 and entry-without-inspection

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  • I-130 and entry-without-inspection

    My husband entered the US illegally five years ago. We were married two years ago. I filed an I-130 one year ago in March (I realize now that that was stupid, but I can't take it back). The California Service Center is getting close to March in thier processing dates. What can I expect to happen when the I-130 gets processed? We will get called to an interview? Will my husband be detained there? If we don't go to the interview, what will happen? I am starting to get nervous. Anyone with similar experiences or knowledge, pleae share.

    PS I am interested in advice about what will most likely happen, NOT in opinions about what people think "should" happen. Thanks
    Have a nice day

  • #2
    My husband entered the US illegally five years ago. We were married two years ago. I filed an I-130 one year ago in March (I realize now that that was stupid, but I can't take it back). The California Service Center is getting close to March in thier processing dates. What can I expect to happen when the I-130 gets processed? We will get called to an interview? Will my husband be detained there? If we don't go to the interview, what will happen? I am starting to get nervous. Anyone with similar experiences or knowledge, pleae share.

    PS I am interested in advice about what will most likely happen, NOT in opinions about what people think "should" happen. Thanks
    Have a nice day

    Comment


    • #3
      We recently contacted our congressman on our AOS application. We had an approved I-130 and never heard anything from that so went ahead with the 485. Thie is what the congressman said about the I-130,"If the I-130 was approved, since he IS the spouse of U.S. Citizen he has a visa number availible- so he can immigrate ( if overseas) OR Adjust status ( if in the U.S.). Approved I-130;s are sent to the National Visa Center UNLESS there is an indication that the beneficiary intends to adjust status in the US." I found this interesting. This explained why we never heard anything about our I-130. Instead they had said it was "misplaced". I don't know if this helps you but who knows, hopefully it may.

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      • #4
        Once the I-130 is approved, USCIS will send you an approval notice and send the file to the National Visa Center because, under current law, as an EWI your spouse is not eligible for AOS*. The NVC will send more paperwork to you for consular processing. The case will be sent to the US Embassy/Consulate General with jurisdiction (probably Ciudad Juarez.) He will have to go there for an immigrant visa interview at which point he will be denied a visa due to the 3/10 year bar (and any other issues if inadmissibility he may have.) You can then file for the hardship waiver. After about an 18 month wait (and he will be out of the US during the process) the waiver may be approved, he will be issued an IV, and can come back to the US.

        *with the exception of LIFE Act cases

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        • #5
          It'll be denied, and the DAO will refer the case to ICE to start removal proceedings. Then he'll have to go to court and to face the charges of illegally entering the country, and why he "shouldn't" be removed (cancellation of removal).

          Happens every day in LA. Except once the gc is denied, the illegals go back into hiding again and never bother talking to INS ever again.

          You'd be surprised how many illegals have no idea how the imm. system works -- get married, and think they can file some paperwork by a friend and then show up for a gc. Doesn't work like that.

          Comment


          • #6
            Thanks reina and old man. I am aware of the 10 year bar etc. I am just curious as to what will happen when the I-130 is processed. Will we just get something in the mail saying it's approved and that next step is to go to the consulate in Mexico and file for AOS? On the I-130 where it asks what consulate you would like the papers to be sent, I put down Guadalajara, because it is the closest to where my husband's parents are, and we figured it would be cheaper for him to live with them while we are waiting, since he won't have to pay rent. Now that I think about it, though, it would be better to do it in Ciudad Juarez or Tijuana, since I wouldn't have to go as far to visit him. I definately will not be able to afford a plane ticket to Guadalajara every month. Is there any way that I can "revise" what I put and ask them to send the info to Tijuana instead? I just remembered that he has an older sister who lives there that he could stay with.
            Have a nice day

            Comment


            • #7
              i read you wrong. I assumed you meant he was *here* trying to adjust.

              Yes they are correct. He would need a waiver in order to adjust.

              -= nav =-

              Comment


              • #8
                He is here. He is not trying to adjust. I filed an I-130 last year because I didn't know what I was doing. I didn't file anything else, just the I-130. Will he be put into "deportation proceedings" when the I-130 is processed?
                Have a nice day

                Comment


                • #9
                  only when he comes for the interview and the DAO goes through the paperwork and finds out he's illegal. They don't just say "well you're illegal, so you can't adjust. Have a nice day".

                  Until that moment, it's all just computers and paperwork and data entry and a human spends like 10 mins on your application, if even that.

                  You shoudln't even be doing this type of case w/o a lawyer. There's the LIFE act, cuban acts, asylum, all kinds of things that may be available for him.

                  -= nav =-

                  Comment


                  • #10
                    Have you done a search on this site for similar cases? I remember there being at least one and person was advised to not attend interview. I haven't had a chance to look for that case on here but you might want to. I'm pretty sure they said he'd be taken into custody if he went to the interview. Of course, I'm not an attorney and am going by memory. I would check with an attorney for sure. You could attend the lawyer chat tonight and ask that question.

                    Comment


                    • #11
                      Moondin, my husband does not qualify for any of those. The nearest (certified) immigration attorny is two hours away and since the firm is only open on weekdays, we would have to lose work to go and talk to him. I know that it was stupid to file the I-130, but my reasoning at the time was "since it takes so long anyway, I might as well start the process now." I guess there was a spark of hope in me that some sort of legislation would pass in the meantime so that my husband wouldn't have to back to Mexico for a long time. I've always known that it was going to have to happen, but it seemed like a long ways off. Now that it's becoming more "real" it's scary. I've never had to endure a long distance relationship. I haven't been away from him for more than 2 days since we started dating 4 years ago. (I know, you're probably thinking "BooHoo" but for someone like me, it IS a big deal) The part that really gets me down is that I won't be able to visit him a lot because we just don't have the kind of resources it would take to fly down every weekend, and it's way too long of a drive. Even if he is living at the border it would be a drive of 9-10 hours. I guess I could try to find a job in San Diego and get an apartment down there, than I could at least see him more often. Anyway, thanks for your polite advice.

                      [This message was edited by Glühbirne on February 24, 2004 at 12:48 PM.]

                      [This message was edited by Glühbirne on February 24, 2004 at 12:50 PM.]
                      Have a nice day

                      Comment


                      • #12
                        What would happen if he were to just leave now...you all file k-3 and go from there? Would he still end up with bar? Would the time frame be any different?

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                        • #13
                          I am in an almost exact situation. My husband also entered illegally. We sent the I-130 an it was approved. Everything went to the national visa center and has been processed to the consulate in his country. We just had a consultation with an immigration attorney this past Thursday. It seems (as you know) that he will have to leave to adjust status and may be barred. The attorney says that there are several things we need to have to accompany this waiver that shows extreme hardship on the family. She gave us no guarantee that the waiver would be granted but did state that the consulates were being cooperative in most cases unless there has been criminal activity on your husbands part here or in his country. Also there was some issue that if he were caught at the border and actually deported back to Mexico that could pose extra or permanent bar from the US. It's so scary I hate to even think about it! I am very much like you... I fear the worst of the consulate denying his re-entry. We are still very undecided on how to proceed. Regardless of the time to drive or day missed of work, I highly recommend you to talk to a CERTIFIED immigration attorney and atleast let them help you fill out the waiver form. It is imperative that this waiver shows as much info as possible! Do you have instant messenger? I will chat privately with you if you have any further questions.

                          Comment


                          • #14
                            What were the LIFE acts dates anyway? From when to when? I would also be happy to do Instant Messanger.

                            Comment


                            • #15
                              To be eligible for 245(i) under the LIFE Act, the dead line for filing the labor certification, labor petition, or alien relative petition was April 30, 2001. In addition, for those submitted after January 14, 1998, the alien had to be present in the United States on December 21, 2000.

                              245(i) allowed AOS for aliens who violated section 245(a) or 245(c) of the Immigration and Nationality Act. (entered w/out inspection or visa violators)

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