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Thread: I-130 and no inspection and what is next?

  1. #1
    I am new to all of this (immigration process) and am looking for "what do we do next?" info.

    My son is active military. USC. His wife, our daughter-in-law, is Mexican, and entered w/o inspection.
    Son was deployed to Iraq 3 weeks ago for at least one year. Daughter-in-law is in CA on miliatary base (for now) with their 2 children (both under age 3). She also does not drive. Son has asked us to help with process and will certainly do whatever we can.
    Apprently, he has filed I-130 to LA office and it was accepted. Now after reading some to these postings, it sounds like it could have been big mistake.
    I have talked to JAG on the base in regards to daughter-in-law's case. Daughter-in-law brought all paperwork to seminar held on base and hosted by LA Immigration Officer. Upon review of her paperwork, she was told not to submit it. The Immigration officer wants her to go to his office and talk to him. He is aware she is here w/o inspection. Per the JAG, if I485 and I485A, is submitted and denied, the only recourse is to file hardship.
    If hardship denied, she is basically SOL. It was descussed that possilby we should file hardship first. According to the JAG, the officer was going to check on her options. The immigration officer wants daughter-in-law to come to office and go over her case. Keep in mind, her husband is now over seas.
    After reading some of the posts, I am afraid that if she appears in the LA INS office, she will be taken into custody and immediately sent back to Mexico, for however long it takes to come back.
    Anyone else with similiar experience or advise?
    (We live on the East Coast and will be traveling to CA to assist with this. After which the plan was to bring daughter-in-law and grandchilden back to stay with us short term).

  2. #2
    I am new to all of this (immigration process) and am looking for "what do we do next?" info.

    My son is active military. USC. His wife, our daughter-in-law, is Mexican, and entered w/o inspection.
    Son was deployed to Iraq 3 weeks ago for at least one year. Daughter-in-law is in CA on miliatary base (for now) with their 2 children (both under age 3). She also does not drive. Son has asked us to help with process and will certainly do whatever we can.
    Apprently, he has filed I-130 to LA office and it was accepted. Now after reading some to these postings, it sounds like it could have been big mistake.
    I have talked to JAG on the base in regards to daughter-in-law's case. Daughter-in-law brought all paperwork to seminar held on base and hosted by LA Immigration Officer. Upon review of her paperwork, she was told not to submit it. The Immigration officer wants her to go to his office and talk to him. He is aware she is here w/o inspection. Per the JAG, if I485 and I485A, is submitted and denied, the only recourse is to file hardship.
    If hardship denied, she is basically SOL. It was descussed that possilby we should file hardship first. According to the JAG, the officer was going to check on her options. The immigration officer wants daughter-in-law to come to office and go over her case. Keep in mind, her husband is now over seas.
    After reading some of the posts, I am afraid that if she appears in the LA INS office, she will be taken into custody and immediately sent back to Mexico, for however long it takes to come back.
    Anyone else with similiar experience or advise?
    (We live on the East Coast and will be traveling to CA to assist with this. After which the plan was to bring daughter-in-law and grandchilden back to stay with us short term).

  3. #3

  4. #4
    I believe the I 130 was filed just about one year ago. They have approval and my son was going to file 1-485 in Phoenix. (he was due to relocate in early March to outside of Phoenix to attend school but 5 days before the move, he was informed he would be going to Iraq.) I don't think he had this back all that long ago.
    Does it matter when he filed? The immigration officer has stated that his wife does not fall under any current exceptions to file i485. Thus the hardship first.

  5. #5
    Do not file I-485....she does not have a petition that was pending (or approved) on or before 4/30/01. She is not eligible to file the I-485 Supplement A without a petition filed on or before 4/30/01. Had she come in legally it wouldn't have mattered but since she entered without inspection she cannot file. Her only shot is either a) to go back to Mexico and file papers there (which will open her up to being inadmissible for unlawful presence) b) risk going into deportation proceedings the immigration judge does have the authority to overlook such things but whether they do or not depends upon the judge and the mood that he/she is in that day. I know that's not real comforting but unless they extend 245(i) (which is not likely in the post-9/11 world and in an election year) that's the best there is right now.

  6. #6
    You are right. Not very comforting.
    How long does the i-130 remain in effect? it must have some sort of expiration.

    But now what is upsetting is the visit to see the LA Immigration officer. Apparently he is assigned to handle military cases. I do not want to risk her being removed when we walk in. Although I do know that since he is aware of her status, there is really nothing to stop them from beginning those proceedings anyway.
    It would appear that hardship is the only option right now.

  7. #7
    Don't be afraid of that. CIS generally will only bother to put criminals in proceedings and putting the spouse of someone that is currently serving our country in removal proceedings would be a PR nightmare that they don't want to touch. Besides, there may be special rules for military wives that I am unaware of that could affect her situation. Someone who's used to seeing situations like this day in and day out may offer more insight than I can. The good news.....there is no expiration date on an I-130........unless it is revoked it is good forever.

  8. #8
    It is good to know the I 130 will not have to be repeated at a later date.
    I believe the same rules apply to military as to anyone else. The only thing that could be in her favor is that he is deployed and her being detained or deported could put him and others in danger if he is not focused on his job.

    I guess my biggest fear it that the IM officer would detain my son's wife, although there is nothing in writing that says she came w/o inspection. I suppose he really could try to help her. Or am I just being naive?

  9. #9
    I'm telling you taking her in would be the mother of PR nightmares while your son is deployed. I don't think this person is trying to lure her in to do her harm. Go hear what this person has to say.

  10. #10
    Thanks Bronzelady.
    When we fly out early next month we will go talk this gentleman. Appointment should be forth coming. JAG is setting this up for us.

    I will be honest, I had not thought of the PR issues at all, but should anything adverse happen, I will certainly take it to that level. Or at least try.
    Thanks again. It helps ease some of the tepidation I have been feeling.

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