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  • married an illegal

    I am married to an illegal alien(mexican), for about 9 months now, it is a legitimate marriage, and we love and care about each other very much. What can I do to help him get his status changed? We went to this counseling place for advice about 3 months after we were married and we were told by a lawyer that they would not even accept his application, (I'm assuming it was because of 9/11) He is thinking about going back to Mexico and trying to get here the legal way, but I've read in these postings something about not being able to return for 10 years??? Can anyone please answer my questions, or give me advice? thanks

  • #2
    I am married to an illegal alien(mexican), for about 9 months now, it is a legitimate marriage, and we love and care about each other very much. What can I do to help him get his status changed? We went to this counseling place for advice about 3 months after we were married and we were told by a lawyer that they would not even accept his application, (I'm assuming it was because of 9/11) He is thinking about going back to Mexico and trying to get here the legal way, but I've read in these postings something about not being able to return for 10 years??? Can anyone please answer my questions, or give me advice? thanks

    Comment


    • #3
      You don't need to hire attorney in your case. Send the i-130 petition and have to wait to approved before he can adjust his status. If your husband entered in the u.s. legally and later fell out of his status. He will still be able to adjust his status when he get married to a u.s. citizen. Don't leave in the u.s when he is illegally or has overstayed visa because he will be subjected to the 3-10 year bars. The only thing that you should do is to wait your form i-130 approved or the 245(i) should be come back that they are waiting for. He cann't find a legal way if he will come back to mexico to get a visa to come back here because when he leave this country and has been overstayed he should be deported.

      Comment


      • #4
        thank you cindy....so I should just download that application and send it in? I've been reading some of your other responces to people and hopefully it sounds like you know what you are talking about! He has been here illegally for about 13 years and has gone back twice and returned by sneaking across the border. thanks!

        Comment


        • #5
          As a legal immigrant in this country I never let people down specially overstayed don't say illegal coz it will be hurt for them. I have a friend who is working in the INS and she is trying to help people out there, and we talked about 245(i) that should be extend that people still need and it will help out. You have right that just wait to approve your i-130 petition for your husband. Before You will be able to change his status to become a legal.

          Comment


          • #6
            If he entered illegally, without going through an INS inspector at the time, he is here illegally and there is nothing you can do until the 245 comes back in.

            However if he was here on a visa and overstayed, then like cindy said you can file the paperwork.

            I'm not sure that if he came in illegally, that I would file the i130. I would wait for the 245i to come back.

            www.immigrate2us.net

            Comment


            • #7
              245i will be opposed by law-abiding citizens nationwide that oppose rewarding people for breaking the law.

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