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 8 of 8

Thread: Really need some GOOD legal advice. Already saw an attorney

  1. #1
    Greetings to all !

    I am a U.S. citizen. My wife is under Temporary protective status. She really needed to come here when she was 18 for medical reasons. She has both a nicarguan passport and a costa rican passport. She flew in here with here Costa Rican Passport and then with her nicarguan passport, she filed for TPS stating that entered through Mexico. They granted her TPS since Nicargua is covered under TPS. It has been over 12 years and she keeps renewing her TPS every year or two...whatever it is. Ridiculous fee's. Immigration fees in general are absurd and they are praying off people that had no choice buy to pay up ! The filiing fee's have increased 300, 400 % over the past 2 years. Just plain stupid. Enough of my ranting...back to the point....

    So we got married over a year ago...we plan to have kids soon. I really want her to be able to adjust her status. We went to see an attorney. Nice lady, but didn't seem to be very knowledgable on the subject. She told us there is no way for her to be able to adjust since she entered without inspection. She said the only way is for her to go back to costa rica and file for some type of petition. This is out of the question since our household is dual income household and also since she is planning on becoming pregnant this year.

    So is there a way ?? Without her having to go back to Costa Rica ? Any sharp minds out there that have a possible solution ? Thanks........

    Be safe, be good to another...God is watching.

  2. #2
    Greetings to all !

    I am a U.S. citizen. My wife is under Temporary protective status. She really needed to come here when she was 18 for medical reasons. She has both a nicarguan passport and a costa rican passport. She flew in here with here Costa Rican Passport and then with her nicarguan passport, she filed for TPS stating that entered through Mexico. They granted her TPS since Nicargua is covered under TPS. It has been over 12 years and she keeps renewing her TPS every year or two...whatever it is. Ridiculous fee's. Immigration fees in general are absurd and they are praying off people that had no choice buy to pay up ! The filiing fee's have increased 300, 400 % over the past 2 years. Just plain stupid. Enough of my ranting...back to the point....

    So we got married over a year ago...we plan to have kids soon. I really want her to be able to adjust her status. We went to see an attorney. Nice lady, but didn't seem to be very knowledgable on the subject. She told us there is no way for her to be able to adjust since she entered without inspection. She said the only way is for her to go back to costa rica and file for some type of petition. This is out of the question since our household is dual income household and also since she is planning on becoming pregnant this year.

    So is there a way ?? Without her having to go back to Costa Rica ? Any sharp minds out there that have a possible solution ? Thanks........

    Be safe, be good to another...God is watching.

  3. #3
    Hi First,

    I think you need to speak to a good, immigration attorney. If your wife flew in using a passport, I believe she entered the country legally (not EWI). Also, you might want to visit this site: http://immigrate2us.net/forum/...php?searchid=1562063. There's lots of helpful information. Good luck.

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Firstinlastout:
    Greetings to all !

    I am a U.S. citizen. My wife is under Temporary protective status. She really needed to come here when she was 18 for medical reasons. She has both a nicarguan passport and a costa rican passport. She flew in here with here Costa Rican Passport and then with her nicarguan passport, she filed for TPS stating that entered through Mexico. They granted her TPS since Nicargua is covered under TPS. It has been over 12 years and she keeps renewing her TPS every year or two...whatever it is. Ridiculous fee's. Immigration fees in general are absurd and they are praying off people that had no choice buy to pay up ! The filiing fee's have increased 300, 400 % over the past 2 years. Just plain stupid. Enough of my ranting...back to the point....

    So we got married over a year ago...we plan to have kids soon. I really want her to be able to adjust her status. We went to see an attorney. Nice lady, but didn't seem to be very knowledgable on the subject. She told us there is no way for her to be able to adjust since she entered without inspection. She said the only way is for her to go back to costa rica and file for some type of petition. This is out of the question since our household is dual income household and also since she is planning on becoming pregnant this year.

    So is there a way ?? Without her having to go back to Costa Rica ? Any sharp minds out there that have a possible solution ? Thanks........

    Be safe, be good to another...God is watching. </div></BLOCKQUOTE>

    Welcom back FILO

    Unfortunately the answer has not changed from the last time you asked this question.

    http://discuss.ilw.com/eve/for...10684341#84110684341


    There is currently no way that she can adjust on usa soil. She will have to return because of the "fake tps" story that she told claiming to be EWI from nicaragua to get the tps.

    If you choose to use the true story, you will need an expert attorney help her. She actually was inspected which would make her eligible to not have to return to costa rica.Does she still have the I94 from when she flew in?

    The problem that you will have is the fraud committed by lying about where she came from and how. She obtained a benefit from the fraud, because she was granted soc sec and work permit. This is why you will need an attorney.

    Speak with experienced attorney to weigh the outcome of "coming clean" so she doesnt have to leave the country as compared to just sticking to the lie where she has to leave.


    Did you explain to the attorney that she really did come in inspected?

    Good luck,

  5. #5
    He did not have any knowledge of her deception Davdah. He cannot be accountable for something she did before she knew him.

    There are waivers for fraud, just depends on the circumstances.

    Let him speak with an attorney who can advise him about this. He needs to tell the attorney the whole story about how she came in on a valid visa and was inspected. Let the attorney and her decide what is the "safest" way to proceed. the whole truth just needs to be told to an attorney... An experienced attorney.

    I had a case that I was dealing with for years because the guy kept telling me he was EWI, and no I-130 was filed on his behalf before 2001. (He had a chance too, but was scared) Well this was not the whole truth because he actually had come in on a fake passport. One day he decided to tell me the truth. Voila, little did he know that now he did not have to return to his home country to adjust status, and there was a waiver available for the fraud. He just got his work permit and will most likely be adjusting status early this summer. He wasted 7 years of his life living in the shadows because of lying

    Always tell the whole story and let the professional that you are consulting decide and advise you of the best course of action based on the facts.

  6. #6
    Guest
    Please post all immigration related questions in the "Immigration Thread" or you will have your account suspended. Thank you.

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
    But he knows now. And would be part and parcel to any future immigration benefit received beyond TPS. </div></BLOCKQUOTE>

    They Know!!! Is desperation, last Resorts!!! Reaching For The Rope!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

  8. #8
    Case of fraud, she entered on the CR passport and is an illegal from CR. She is not eligible for TPS. You both face arrest for fraud.

Similar Threads

  1. can anyone suggest a good attorney
    By wifeneedshelp in forum Immigration Discussion
    Replies: 5
    Last Post: 02-20-2007, 11:50 PM
  2. good attorney for AOS in New York City Area
    By ny_200 in forum Immigration Discussion
    Replies: 3
    Last Post: 05-01-2006, 05:01 AM
  3. I need a good Attorney experienced with VAWA
    By vawais in forum Immigration Discussion
    Replies: 2
    Last Post: 01-05-2004, 06:29 PM
  4. Looking for a good attorney
    By moreen in forum Immigration Discussion
    Replies: 6
    Last Post: 11-26-2003, 12:44 PM
  5. Need a good Imm. Attorney in Northern Cal.
    By in forum Immigration Discussion
    Replies: 4
    Last Post: 12-23-2002, 04:25 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: