Caught...... Oh no!!!!!1

[Dalla]

Hey you guys, I need some helpful advice and knowledge here Please. Ok my hubby came here EWI in 1996, we had a baby in 2001, but in 2003
he went to visit his very sick mom back in Mexico well he was caught at the border, they kept him for a few hours then released him back in Mexico (Border) a week later he got across without being caught and now he is here since with his family. How big of a problem is this with our filing? Because I know in INS's eyes it looks as he crossed illegally twice. Be3ing what the situation is should I have a lawyer instead of doing it myself? And how big of a problem is this? Please help but be nice.....

[Dalla]

And by the way we met 1999, had baby 2001, married in 2004, filed I-130 Jan 2005, awaiting approval. (pending)

[AliBA]

You can probably expect that you will have to file a 601 request for a waiver, and that your husband will have to return to Mexico in order to pick it up. See other threads for info about this waiver. You can expect that this will take several months, and that there is apparently a slight chance it will be denied.

Hi Dalla,

I hope AliBA's information is right, but what I remember from reading similar stories is:
entering the US illegaly the second time triggers 10 year bar. There is no waiver for that. He may file the waiver only after being 10 years outside the US.
Check this out http://www.dividedfamilies.org

What you need now is a good, realiable information. I hope someone will come up with it. Good luck.