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  • i-130 notice of approval, interview pending and baby on the way.

    On December 2005, I went to the States with a tourist visa. My plan was to stay just a month and a half because of the long winter break I had from school. While I was there though, I actually became interested in going to school there, so I started checking out schools. I was also offered a job at what used to be my parents restaurant (we lived in the States from 1993 to 1997... since I was 10 until I was 14... also on a tourist visa). While on that trip I also met my now husband.
    I came back to Mexico one day before my I-94 expired. My husband came to visit in July and wanted us to go back to the States together. We tried, but after the second interview my visa got cancelled and I got sent back (a day later cause the plane I had gone in had already come back). While in the interview, I didn't admit right away that I was engaged or that I had worked illegaly. In that visit I actually got a legal GA state driver's license and a bank account to be able to apply for that driver's license (they needed proof of residence of some sort). When I went to get the driver's license though the DMV worker called INS to verify the validity of my i-94 form since it was nicely typed up. During the interview I was asked if anyone had asked about my status or anything and I said no, because I didn't remember at the time. (I was way too nervous to remember anything). They also asked if I had been to the States before and I denied having been there for extended periods of time (like the 1993-1997 period) but did mention having visited for vacational purposes. My passport got stamped with a 212a 7A1, my visa was cancelled and had application for admission withdrawn. All this happened at the Denver airport.

    Anywho, my husband decided to come live in Mexico and we got married four months after that incident (11/06), and applied for a greencard in Feb 08. We got a notice of approval for the i-130 in the mail a couple of days ago. My worries now are that I'm currently on my 19th week of a very high risk pregnancy. Labor might have to be induced in about 10 weeks. I'm really worried about the interview and getting denied entry or permanent ban for having lied before. I never got any false ID's or stole anyone's SSN or anything while working illegaly, but I'm worried about things I didn't say that could change the outcome.
    What would be grounds for the INS to deny entry to me? Also, if our baby is born down here... do we have to apply for the i-130 for him or is there such a thing as registering him at a consulate? After the notice of approval comes, how long is the wait usually?
    Thank you so much for your help!

  • #2
    On December 2005, I went to the States with a tourist visa. My plan was to stay just a month and a half because of the long winter break I had from school. While I was there though, I actually became interested in going to school there, so I started checking out schools. I was also offered a job at what used to be my parents restaurant (we lived in the States from 1993 to 1997... since I was 10 until I was 14... also on a tourist visa). While on that trip I also met my now husband.
    I came back to Mexico one day before my I-94 expired. My husband came to visit in July and wanted us to go back to the States together. We tried, but after the second interview my visa got cancelled and I got sent back (a day later cause the plane I had gone in had already come back). While in the interview, I didn't admit right away that I was engaged or that I had worked illegaly. In that visit I actually got a legal GA state driver's license and a bank account to be able to apply for that driver's license (they needed proof of residence of some sort). When I went to get the driver's license though the DMV worker called INS to verify the validity of my i-94 form since it was nicely typed up. During the interview I was asked if anyone had asked about my status or anything and I said no, because I didn't remember at the time. (I was way too nervous to remember anything). They also asked if I had been to the States before and I denied having been there for extended periods of time (like the 1993-1997 period) but did mention having visited for vacational purposes. My passport got stamped with a 212a 7A1, my visa was cancelled and had application for admission withdrawn. All this happened at the Denver airport.

    Anywho, my husband decided to come live in Mexico and we got married four months after that incident (11/06), and applied for a greencard in Feb 08. We got a notice of approval for the i-130 in the mail a couple of days ago. My worries now are that I'm currently on my 19th week of a very high risk pregnancy. Labor might have to be induced in about 10 weeks. I'm really worried about the interview and getting denied entry or permanent ban for having lied before. I never got any false ID's or stole anyone's SSN or anything while working illegaly, but I'm worried about things I didn't say that could change the outcome.
    What would be grounds for the INS to deny entry to me? Also, if our baby is born down here... do we have to apply for the i-130 for him or is there such a thing as registering him at a consulate? After the notice of approval comes, how long is the wait usually?
    Thank you so much for your help!

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">but I'm worried about things I didn't say that could change the outcome </div></BLOCKQUOTE>

      Hi Mtladi,

      Welcome to the forum. What things didn't you say that you are worried about? Did you ever claim to be a US citizen and receive any benefits by doing so? That would be one reason for denial of entry. Also, you didn't say, but is your husband a US citizen?

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mtladi:
        Anywho, my husband decided to come live in Mexico and we got married four months after that incident (11/06), and applied for a greencard in Feb 08. We got a notice of approval for the i-130 in the mail a couple of days ago. ! </div></BLOCKQUOTE> Did you file I-130 directly at the consulate or through USCIS service center? The future process and time line depends on the route you took.

        Have you got any papers when you withdraw the application for addmission in Denver? Read them carefuly... any other codes? mentioning of prior illegal work?

        212a 7A1 can be overcome... but it realy depends on what else they noted. Is it only that you had an immigrant intent and arrived without valid visa or is there something more?

        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mtladi:
        Also, if our baby is born down here... </div></BLOCKQUOTE> If father is USC, he can register his son as US citizen in US consulate.

        Comment


        • #5
          Yes, my husband is a USC.

          The sort of things I didn't say was like I lived on a tourist visa and went to public school (my parents also got a valid without permission to work SSN number for me) from 1993-1997 (I was underage at the time). In the interview the officer asked if I had been to the States before... and only mentioned vacation periods, except for that extended stay.

          We filed at the California Service Center... and the notice we just got said something about waiting for the NVC for consular interview.

          The only additional note I can find states the following:
          "You have been found inadmisible to the US for having previously worked without authorization or documentation from the US government."

          What does the 212a 7A1 mean?

          Thank you for all this valuable information. It's a relief to know that our baby can be a US without the long wait of the i-130.

          Comment


          • #6
            Google and thou shalt find!
            http://www.anbsoft.com/images/usflag_med.jpg

            "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

            Comment


            • #7
              Thanks OldE... I have googled it in the past, but haven't really understood its meaning. That's why I need explanation...

              Comment


              • #8
                I googled for a minute and found this, among other results:

                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">

                Immigrants
                According to INA §212(a)(7)(A)(i), any immigrant who, at the time of application for admission:

                who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the INS regulations, or whose visa has been issued without compliance with the provisions of the Immigration and Nationality Act, is excludable.

                A waiver is available under INA §212(k) where the Attorney General is satisfied that the exclusion was not known to, and could not have been ascertained by the exercise of reasonable diligence by, the immigrant before the time of departure of the vessel or aircraft from the last port outside the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, before the time of the immigrant's application for admission.

                Nonimmigrants

                Under INA â"¢–212(a)(7)((i), any nonimmigrant who:

                is not in possession of a passport valid for at least six months from the date of expiration of the initial period of the alien's admission or contemplated initial period of stay authorizing the alien to return to the country from which the alien came or to proceed to some other country during such period; or is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission is excludable.

                A general waiver is authorized under INA â"¢–212(d)(4):

                on the basis of unforeseen emergency in an individual case;

                on the basis of reciprocity with respect to nationals of foreign contiguous territory or of adjacent islands and residents thereof having common nationality with such nationals (Canadian citizens and landed immigrants of Canada having British commonwealth citizenship are therefore exempt from visa and passport requirements except in the case of K-1 and E-1/E2 nonimmigrant visas); or

                in the case of aliens proceeding in immediate and continuous transit through the United States pursuant to landing agreement contracts entered into by common carriers.
                A waiver is also authorized for visitors to Guam and certain nationals entering as visitors under the Visa Waiver Pilot Program. </div></BLOCKQUOTE>
                http://www.anbsoft.com/images/usflag_med.jpg

                "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

                Comment


                • #9
                  OMG!!! Please Dear LORD, Don't Let It Be Another Baby Thing????

                  Both Of You Better Make That Baby #1!!!! Or I Will Hunt You Down!!!!

                  That Baby Just Might Be The President Of The Entire World One Day???? The Savor!!!! Make It So!!!! With Your Contributions As Mom and Dad!!!!
                  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

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">we lived in the States from 1993 to 1997... since I was 10 until I was 14... also on a tourist visa). </div></BLOCKQUOTE>

                    mtladi, did you mean you were in the US under tourist visa for straight 4 years???

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
                      You will be banned for 10 years for the more than one year overstay. </div></BLOCKQUOTE>
                      I didn't overstay one year... I actually didn't even overstay one day. I left on June 12, my permit expired on the 13th. Nowhere in the forms I got does it meantion a ban or a sanction of time. Could it be possible for them to give me one even though it wasn't mentioned before?

                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">When you applied for the drivers license was the I-94 valid? </div></BLOCKQUOTE>
                      It was valid, it was just nicely typed by the agency that issued the plane tickets and the DMV worker thought it was too fancy to be valid. That's why he said that he called the INS.

                      What kind of things count as extreme hardship? My husband setup a business shortly before he met me, and while he can monitor it from far away it would definitely help it economically if we were up there. He doesn't want to live far away from me and neither do I... so being away from each other is not an option. At least not to us.

                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> BTW, the drivers license is more or less considered a false ID since you procured it under the fraudulent pretense of being a resident. </div></BLOCKQUOTE>

                      I got the drivers license because I was driving a lot in Atlanta and my Mexican drivers license was about to expire. I didn't get it until a month before I left and never used it with purposes other than legally driving. Never claimed anything I wasn't.

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">mtladi, did you mean you were in the US under tourist visa for straight 4 years??? </div></BLOCKQUOTE>

                        As a child and under my parents' will if that counts.

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">mtladi, did you mean you were in the US under tourist visa for straight 4 years??? </div></BLOCKQUOTE>
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">As a child and under my parents' will if that counts. </div></BLOCKQUOTE>

                          There's no tourist visa that allow you to stay for four straight years.

                          Comment


                          • #14
                            I am aware of that.

                            Comment


                            • #15
                              so you overstayed your visa from 1993 - 1997
                              this prolly the reason for the 10 year barr
                              since you said you denied it ,it got worser.

                              Have you consulted a lawyer?

                              Comment

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