ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 6 of 6

Thread: my husband entered US without inspection, should he go to mexico for interview?

  1. #1
    My husband came to the US 17 years ago without inspection. We filed the petition and up to I-130 was approved and we got the final interview scheduled for this month in Mexico. I know he is subject to 10 year bar for his unlawful presence in the US.
    What is the best route to take at this point? If he needs to leave for the interview, I believe he needs to bring the waver 601. Do you know any good layer in CA or HI who can help us with the Waver 601? He only has few weeks for the interview and we haven't found any good lawyer who could help us with our situation.
    Thank you in advance for your advice.

  2. #2
    My husband came to the US 17 years ago without inspection. We filed the petition and up to I-130 was approved and we got the final interview scheduled for this month in Mexico. I know he is subject to 10 year bar for his unlawful presence in the US.
    What is the best route to take at this point? If he needs to leave for the interview, I believe he needs to bring the waver 601. Do you know any good layer in CA or HI who can help us with the Waver 601? He only has few weeks for the interview and we haven't found any good lawyer who could help us with our situation.
    Thank you in advance for your advice.

  3. #3
    Well, your husband has no choice but to go to Mexico for the interview. At the interview, the application for permanent residency (I-485) will be denied...a direct consequence of him believing that he was way too important to worry about passports and visas.

    At that point, you must file for a waiver, which may or may not be granted. In any event, expect your husband to be in Mexico for quite a long time. I'm sure that he tells you all the time - and everyone else who will listen - what a "wonderful" country Mexico is, and how much he loves it and adores it, so this shouldn't be too difficult for him.

    Of course, after a few months/years in Mexico, he might come to the rational conclusion that he doesn't quite believe his own propaganda anymore...and appreciate America upon his return.

    If I sound overly cynical, it's because I remember all of the Mexican flags in America's streets last year...and I will never forget.

  4. #4
    Very cynical indeed. Another option, though quite risky, would be cancellation of removal for non-permanent resident. Essentially, you are "turning yourself in" to the authorities, but based on "extreme and unusual hardship" you are asking them to grant permanent residency to your husband. This is a strategy I do not recommend except as a last resort. If you have any questions, please call our office at 323-935-4567.

  5. #5
    http://immigrate2us.net/forum/

    Plenty of examples of succesful waivers.

    Seems to be taking about 8 months currently, but they say they are going to get it down to 3 months.

  6. #6
    Thank you. You've been very helpful. Suprisingly we found out last night that his sister (USC) filed I-130 for him on the 2001 Aprl 23. I checked his status and it was pending. He thought it was denied long time ago and he just told me last night. According to 245(i), he can actually do the adjustment of status in the US since his sister applied for him before April 30, 2001. Can I file I-485 for him now or should I wait until he gets I-130 approved? Thank you.
    What is the next step?
    Thank you in advance for your help and advice.

Similar Threads

  1. Entered without inspection, Can get adjustment status
    By Danish in forum Immigration Discussion
    Replies: 10
    Last Post: 01-31-2010, 11:31 PM
  2. Does my husband have to return to Mexico for a meeting?
    By samantha santos in forum Immigration Discussion
    Replies: 5
    Last Post: 02-12-2006, 02:24 PM
  3. Entered without inspection and now leaving U.S
    By Mohsin in forum Immigration Discussion
    Replies: 13
    Last Post: 05-23-2004, 09:52 PM
  4. Replies: 1
    Last Post: 05-09-2003, 11:08 AM
  5. Replies: 6
    Last Post: 12-11-2002, 07:32 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: