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I-130 and no inspection and what is next?

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  • #16
    Wow. This is all so overwhelming. I think I need a hardship just to understand this all.

    I do not believe my daughter-in-law was here before 1996 (what difference would that make?).
    The two children are USC both born in military hospitals.
    Since my son is only a couple miles away (joke) in Iraq this is going to be extremely difficult. For him and his parents. Not to mention the stress for all of us with him gone (wife, children, and immediate relatives). Right now, my son is not aware of any of this. Until we know what and how to procede, I want to keep it this way so he doesn't stress out until we have some direction.

    Going back to Mexico and filing waviers from there does mean she loses military benefits as well the children. It will make it so much more difficult for us when we reside on the East Coast

    A non military attorney is most likely what we will persue. I know our home state congressman facilitated my son's admission into the Army so I am sure we will have contact.
    thanks all


    • #17
      I am noticing entries that seem to reference an interview after filing i-130. Is this correct?
      I thought interview came after i-485.


      • #18
        Yes, An interview for her I-130. We were supposed to have had one and didn't. What our congressman said was that once approved, if the "illegal" is already here, they don't usally call you for one. They just assume your going to apply for AOS. He got this answer from USIC. Confused the heck outta me.


        • #19
          I called the 1-800 number a while back and asked to speak to an immigration officer. She told me that if the person is not eligible to adjust status, than there will be no interview. The approved I-130 will be sent to the National Visa Center and we will receive information by mail on how to proceed. We will be told that we must apply at the Consulate in Ciudad Juarez. When we send our completed application there, we will get an interview date for the visa. At the interview, the visa will be denied because my husband entered the US illegally. He will not be able to come back home with me. I will have to file an I-601, which, if approved, will waive the 10 year bar and let my husband get a stamp in his passport. The I-601 will take no less than a year to go though. I assume that your daughter-in-law's case would go pretty much like that, too. My hsuband entered without inspection in '98 and I filed an I-130 in '03
          Have a nice day


          • #20
            Not to make you sound like an idiot BUT...

            why didn't she go back and come back INSPECTED!

            Mexico is what..2 hours away?

            If she did, she'd have an i-94 or border crossing card and her paperwork would already be well on it's way.

            you *can* file k1/k3 in mexico you know.

            -= nav =-


            • #21
              Well, Moondin....I might sound like an "idiot"....but I am not. A lot naive mostly. But I am learning fast.

              As to why she didn't go back and get the i-94........couldn't tell you. By the time my son met her and they became involved, it was not a priority. And my son did not take it upon himself to become acquainted with immigration laws. If he only knew then what I know right now, I am sure it would be different.
              I do know that I will do whatever is in my power to keep her here while my son is in Iraq. Thus I need to educate myself, and whatever is done is done. gotta move on.


              • #22
                Most of us started at the same point, sooooo. We are all learning together, and sharing our personal experiences. So welcome!!!


                • #23
                  Dear g.treat,
                  Few years ago I entered the US on crewmember visa.Now married to a USC and unable to adjust status.Entering on a crewmember visa is basically the same as entering illegaly.So far we were told by many lawyers NOT to file I-130 or anything at all because it could lead to deportation.We were also told there is absolutely NOTHING to be done to adjust my status unless some changes will appear in immigration laws.Hopefully this year,since it is election year.
                  Unfortunately if your daughter-in law will be sent back to Mexico she might face the 3-10 year bar.
                  I wish you good luck !!!!


                  • #24
                    g. treat,

                    I am married to a Mexican man who entered without inspection. We have a very knowledgeable immigration lawyer and I have also done lots of research on this situation and how it works...

                    Basically your daughter-in-law cannot adjust status in the U.S., but she can go have an interview at Ciudad Juarez. At that interview the visa will be denied because of illegal presence, and she will have to file the I-601 waiver. The current processing time for the I-601 waiver is four months or soand more than 90% of them are approved. But she would have to stay in Mexico for the processing time. Will she lose her army benefits if she goes back to her country just for a few months?

                    Good luck in all this! At least know that there are lots of us in your son and daughter-in-laws' position!



                    • #25
                      If the I-601 is only taking four months as Esperanza stated above, than that's really wonderful. Your daughter-in-law could live in a border city, such as Juarez or Tijuana for those 4 months, and before you know it, she'd be able to come back. Isn't there a way that she could explain her situation to someone in the military and find a way around losing her benefits? I mean, I'm sure that there are plenty of people in the military who have had similar situations. I know that a lot of military people have foreign spouses. Good luck. I will keep your son and daughter-in-law in my prayers.
                      Have a nice day


                      • #26
                        Thanks Esperanza. I am pretty sure she would receive no military benefits, housing, medical, etc if she is removed. Which means any money she needs will come from us. I do not know if she has accquaintances in TJ or not that she could stay with. I also know she will NOT leave her babies behind (they are USC). four months in not very long, but I would worry contstantly. And I know my son would think I let him down and he would think it could be different if only he were here.
                        I am most worried about taking her into the LA office to meet with this immigration officer. I have been told he wants to talk to her and the military attorney had assured me he only wants to help. But I just do not know if I could trust either of them that this is so. It did sound like the IM was going to give us the chance to file for hardship first so she may not have to go back. It really doesn't help that we (the in-laws) live over 3000 miles away.
                        I guess we just need to go see the IM officer and find out what options there are.
                        I will make any phone calls and send letters to as many congressman and government officals (representives) that I can find that are sympathetic to the extension of 245(i). I am working on a list and making notes........


                        • #27
                          g. treat,

                          I'm not sure what you mean "removed". What I'm talking about is not deportation, it's her voluntarily returning to her home country for awhile. I understand she won't receive housing and insurance from the military while in Mexico, but does that mean she loses benefits forever?

                          I don't mean to be discouraging, but from what I understand, there's NO WAY that any officer can give your daughter-in-law the opportunity to apply for a hardship waiver while she is still in the U.S. Applying for a hardship waiver is only possible AFTER the green card (or other type of visa) is denied. And the only way for your daughter-in-law's application to be denied is for her to have an interview. And the only way for her to have an interview is to go back to Mexico.

                          Can she stay with family in Mexico for a few months? In my experience, most families (even what we consider extended families) in Mexico are very united and supportive of each other and willing to help each other out. There's no reason why she has to stay in Juarez or TJ, she just has to be out of the U.S. And when you consider the strength of the dollar against the peso, cost of living in Mexico (most parts) is pretty cheap, so depending on your financial situation, it might not be so unreasonable for you to support her for a few months.

                          You son shouldn't expect you to be able to work miracles!! Going back to Mexico is her best option right now, and by far the smoothest way to get her a green card.

                          Anyway, hang in there, and yes go see the IM officer!! But it also might make sense for your to hire your own lawyer, who works for you, not for the government.... Or at least get a one-time consulation for a couple hundred bucks to be sure what your options are.

                          You'll be in my thoughts and prayers!



                          • #28
                            Thanks very much Esperanza.
                            When we fly back to the east coast with my daughter in law and grandkids, a visit to a lawyer is a first priority. In speaking to my daughter in law today, we discussed our, my, her, nervousness in this scheduled appointment at the LA district office. She did say the the military attorney told her not to worry. It would be very bad if they tried to make her leave since her husband is deployed.
                            So perhaps Bronzelady is right, could make for some bad publicity in an election year. And maybe that is what the attorney implied. At any rate, I will need to sit still, not worry about things I do not know for at least 3 more weeks.
                            Then maybe we can make a plan or at least be more informed about options.


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