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.

Page 1 of 3 123 LastLast
Results 1 to 10 of 26

Thread: I-130 and entry-without-inspection

  1. #1
    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

  2. #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

  3. #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.

  4. #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

  5. #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.

  6. #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

  7. #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 =-

  8. #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

  9. #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 =-

  10. #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.

Similar Threads

  1. Entry to US in case of Pending I-130
    By sachin469 in forum Immigration Discussion
    Replies: 11
    Last Post: 09-15-2008, 04:32 PM
  2. denied entry/deferred inspection
    By CanadianSue in forum Immigration Discussion
    Replies: 1
    Last Post: 08-07-2007, 09:02 AM
  3. Entry without Inspection- possibility of Waiver? -married to USC in Mex
    By robertbrown in forum Immigration Discussion
    Replies: 2
    Last Post: 01-21-2007, 09:52 PM
  4. I-130 and visitor visa 10 yr multiple entry
    By Mehul in forum Immigration Discussion
    Replies: 1
    Last Post: 11-09-2004, 03:06 PM
  5. I-130 and no inspection and what is next?
    By g. treat in forum Immigration Discussion
    Replies: 27
    Last Post: 03-19-2004, 05:56 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: