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  • EWI applying for Green card

    I have a question about someone who is an EWI applying for adjsutment of status as an immediate relative of a USC spouse. I know he would be inadmissable because of the EWI and would be subject to removal proceedings. I was wondering if he can file for a waiver of inadmissability based on hardship grounds to his USC wife and e USC children. Is it possible for him to stay in the country and do this, instead of leaving the country for Mexico, because if he leaves he is subject to the 10 year time bar. If this can be done (the waiver of inadmissability), when should he submit the form? With the application or at the interview? He is willing to go through removal hearing to prove his case.

  • #2
    I have a question about someone who is an EWI applying for adjsutment of status as an immediate relative of a USC spouse. I know he would be inadmissable because of the EWI and would be subject to removal proceedings. I was wondering if he can file for a waiver of inadmissability based on hardship grounds to his USC wife and e USC children. Is it possible for him to stay in the country and do this, instead of leaving the country for Mexico, because if he leaves he is subject to the 10 year time bar. If this can be done (the waiver of inadmissability), when should he submit the form? With the application or at the interview? He is willing to go through removal hearing to prove his case.

    Comment


    • #3
      It's said a billion times. Having children in the US means NO advantage to immigration benefits.

      It just means you won't get deported, hence why so many illegal women run here and have like 7 kids. But it still won't get them a gc.

      -= nav =-

      Comment


      • #4
        yes he can file the waiver of inadmissability, yes the children could be considered for the hardship waiver (which is discretionary).

        However, to the best of my knowledge the I-601 is filed to waive the bar... therefore he would have to leave the country and incur the bar to then become legal again later. i.e He would have to remain outside of the USA until residency was granted (to the best of my understanding)

        I recently heard from someone that Ciudad Juarez is processing waivers in just a couple months... I am not sure if this is accurate, but you might want to look into that.

        As I see it - if you have a reasonable argument for extreme hardship - this might be the best way to go... I don't forsee 245i being passed again in the very near future... the political climate isn't very supportive for that type of amnesty.

        www.immigrate2us.net

        Comment


        • #5
          If he has not been told that he has a removal hearing as of yet, the best thing for him to do would be to leave the USA of his own free will.

          If they place a removal order on him he will have to file another waiver (the I-212) as well. This is not such a big deal as it is very similar to the I-601 and so working for one is similar to working for both, however, why file two waivers if it can be avoided.

          If he leaves the USA. You should request an interview (for residency) from the consulate. While waiting for this interview prepare the I-601 waiver. At the interview, your husband will be denied residency and told that he needs to file the I-601... usually you can file the waiver shortly after the interview. The consulate will tell you the exact steps.

          www.immigrate2us.net

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