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  • THe following really need some help

    IF my wife is an illigal immigrant can i file the following at the same time
    I-130, I-601 and the adjust of status


    can the I-130 and the I601 be filed at same time

  • #2
    IF my wife is an illigal immigrant can i file the following at the same time
    I-130, I-601 and the adjust of status


    can the I-130 and the I601 be filed at same time

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    • #3
      Im not a lawyer...
      but i think there is not much to do if she entered illegaly...
      did she ever had a passport??
      where is she from?

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      • #4
        Yes, there is things that can be done to help her i already talk to ins regarding that....
        it just will take longer because of the waviers any one have any suggestons she is from mexico

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        • #5
          did she cross border illegally or did she pass inspection and overstay?

          In first instance, you won't file for AOS, instead, you will file waiver, and upon approval she will get the imm.visa from us consulate and come here as conditional LPR.

          If she came here legally, overstayed her visa, didn't have criminal convictions/outstanding deportation orders, then she can adjust her status while remaining here.

          Hope this helps you

          Good luck

          P.S. Why dont you hire attorney to help you out on this?

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          • #6
            Many attorneys will not do anything to after the elections. she did enter illigally i relize she has to file the wavier but the wavier says to file at our loval ins office what happens after that

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            • #7
              Jerry,
              answer to your question is NO. You cannot file Waiver with I-130. I-130 is visa petition and once its approved then your I-485 will be considered and if I-485 is approvable and alien violated some kind of immigration law in the past and for the same law if the relief is available in form of waiver then Alien will be asked to file a waiver.. the Key word is "Asked for waiver" then only waiver is filed which is discretionary and if granted then adjustment will happend.

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              • #8
                Ok so is this correct, file the pettition for allien relative then the adjustments of status (but that cannot be approved unless the I601 is filed in approved) so should that be files at the same time as the adjust of status or after

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                • #9
                  DO NOT FILE an I-485. It will be a waste of time and money. File and I-130. When that is approved, she will have to file in Ciudad Juarez for a visa. It will be denied because she entered illegaly. When they deny it, they will tell you to file an I-601. After the I-601 is approved, then she can get her green card and come back to the United States. As soon as she leaves this country, she cannot come back until her I-601 is approved. There is no way that she can get her greencard without leaving, however. You cannot file the I-601 before the consulate asks you to.

                  You can file the I-130 in the United States. I have filed an I-130 for my husband, who is an illegal from Mexico. It is still pending and he is still here in the States. Once the I-130 is approved, they will send him a packet in the mail to fill out and send to Ciudad Jaurez. Once Ciudad Jaurez receives the completed packet, they will set an interview for my husband at the consulate there. At that interview, he will be denied. He will not be able to come back to the United States after the interview and we will have to file I-601. I-601 could take a year to go through. During the time I-601 is pending, my husband will have to stay in Mexico. Once it is approved, he can come back as a permanent resident. I have been hanging around this forum for a year and have done a lot of research and I think that this is probably pretty much what people in our situation can expect. They say that the approval rate for I-601 in Mexico is 90%. I have heard that it usually takes less than a year.
                  Have a nice day

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                  • #10
                    I assume that she entered the US without inspection and is not someone who simply overstayed a visa? If so, please read the new post I just posted (3/25/04). You will see my suggestion is to file an I-130. As soon as you get your notice of receipt, make a copy of that and submit a I-129 for a K3 visa making sure you note that you want consulate processing in Ciudad Juarez. In about 3 months, you should have an interview scheduled in Ciudad Juarez. At the interview, they will probably say that she needs a waiver - and have the waiver and letter ready to submit right then and there. It will take 6 to 8 weeks to process (as long as she doesn't have a criminal history) - and it should be approved. The consulate in Ciudad Juarez approves more than 95% of I-601 waivers - especially for spouses who simply EWI and do not have a criminal history. Once you receive notice of the approval, you will go back for a final interview and pick up her K3 visa and be able to enter the US that day. She can also immediately qualify for employment authorization, etc. Let the consulate know if you want it. ... Yes, she will have to return to Mexico for up to 6 months (probably more like 3 or 4 months) - but it's worth it to gain legal status. It makes no sense to only file a I-130 - and wait so much longer to do what you're going to have to do anyway. DO NOT file a I-601 or 485 in the US - it WILL NOT be approved - and don't wait for the laws to change - it's not going to happen. That's my opinion. There are also steps she will have to take once she comes back to the US on her K3 which I'll be happy to explain if you need me to.

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                    • #11
                      Gluhbirne,

                      PLEASE explain why you are not doing the K3 process now and getting his green card sooner. You will have to go through the same process when the I-130 is approved. I see so many people doing the same thing. I don't understand. Just curious.

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                      • #12
                        I was just wondering if leaving the US for the illegal alien will result in them being barred for 3 or 10 years? That is why i am afraid to have my friend do this process in Mexico.??
                        Can someone answer this? Thanks for the great advice Gluhbirne and illegal&inlove.

                        Comment


                        • #13
                          gg

                          Yes, leaving the US will result in a 3/10 year bar for anyone who has been unlawfully present in the USA for 6 months/1 year +.

                          However, in the case of a person that has entered without inspection there is no possibility to adjust status without leaving the country.

                          Thus, a person that is EWI must leave the USA, and file the I-601 from outside the USA (assuming they are married to a USC/LPR).

                          If your friend is not married to USC/LPR leaving the USA could be a very poor choice if s/he wants to return at any point in time. On the other hand, if your friend is married to USC/LPR, and is EWI, then returning to Mexico could be the best decision for his/her future (depending on circumstances).

                          Good luck!!

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