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Will 485-a be possible in future?

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  • reina90
    replied
    My hubbys I-130 was approved, and we filed BEFORE the LIFE act but was pending during that time. I beleive my hubby WILL adjust. I hear some arguing, but it WILL be approved. Also a meeting with the congressman helps..

    Leave a comment:


  • aceIaw
    replied
    Last time 241 was available it was only for overstay aliens who at the least had entered the U.S. through some inspection and initially with a valid visa.

    People who illegally "sneaked" into the U.S. anytime in the last 10+ yrs. will most likely not be aloud to adjust their status and remain removable untill apprehendid. Check out the political implications! As painfull as it may be for individual cases, it would just reward and encourage more illegal entrants.

    As the law is now and steadily confirmed from several case law decision, anybody who entered illegally can not adjust their status and there is practically no relief from removability. The only way for such person to adjust their status is to leave the U.S. (preferably voluntary departure or with some kind of proof) and re-apply from abbroad for the right visa. In some cases waivers will be necessary then e.G. a return is attempted while the barr of inadmissiabilty is still in effect.

    I-130 is just BCIS' acknowledgement of the state issued marriage cert (the same issue that gays are fighting for right now). By the current laws in the book, it has technically not much implications or weight on an otherwise unfavorable case.

    USMOM: you sound like a romantic, but I highly doubt that your daughter's husband was solely motivated to come to the U.S. to "build a decent home for his mom".

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  • Glühbirne
    replied
    From my (limited) understanding, all the I-130 really does is validate eligibility for a family-based immigration benefit. In this case, all the I-130 will do is validate that the couple is "truly" married. The only reason it would be denied would be if there was a reason to believe that they are involved in a sham marriage for immigration purposes. I'm not sure what will happen when it is prossesed, whether it is approved or denied. I am waiting on my I-130 for my illegal husband also. I have asked what will happen when it finally gets processed and nobody seems to know. On the receipt notice, it states that if the petition is approved, my husband will receive further instructions by mail. I assume those instructions will tell him to go to the Consulate in Mexico to file, but there's no way to be sure. I'm not sure if they will send him a deportation order or what.

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  • Still Learning
    replied
    If an I-130 is filed and denied, will her husband be issued a letter to leave the country?

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  • Glühbirne
    replied
    It is unlikely that another 245i will be passed. There is a chance, however, that Bush's proposal will pass. If it does, it may help your son-in-law. The director of the USCIS stated in his response to Bush's proposal, that a relief of the 3 and 10 year bars will be necessary in order for it to work the way it's supposed to. If the new category will let people travel home without activating the bar, people like my husband and your son-in-law could go and process in Mexico and they wouldn't have to worry about filing an I-601. Lets keep our fingers crossed. You can go and read Aguirre's proposal yourself at: http://uscis.gov/graphics/aboutus/co...y_02_12_04.pdf
    good luck and keep us posted on your son-in-law's case. I am in the same situation and it's very hard to deal with the stress an anxiety. The only thing one can really do is trust God.

    Leave a comment:


  • Pandora
    replied
    With national security at stake, there is very little chance that illegal entrant aliens will be alloud to actually adjust, especially aliens with such short U.S. residency history as your son-in-law.

    The law states clearly that he will have to leave the U.S. and apply for his proper visa. Additionally he will need to apply for a waiver of inadmissiability for the 365+ days illegal presence overstay.

    To answer the easy question: if your daughter is a U.S. citizen her biological child is automatically a U.S. citizen as well no matter there that child was born, the birth certificate is proof. It works a little bit different for a U.S. father of a child born outside the U.S. So in the case of a child from a female U.S. citizen no immigration proceedings are really needed, the child would only need to be issued a SS# and registered with the U.S. embassy to obtain a U.S. passport for travel.

    Leave a comment:


  • AliBA
    replied
    Even if 245i were to somehow pass, there is a backlog of 6 million applications for green cards. In other words, a wait of several years--at least. The last 245i provided no legal status or protection from removal for applicants while they wait--if the INS catches someone he/she can still be deported.

    Leave a comment:


  • reina90
    replied
    Please e-mail me, I went through this. I may have some helpful info. reina90@juno.com

    Leave a comment:


  • usmom
    replied
    So if the I-130 isn't approved what happens next? Would they have to go to Mexico and reapply from there? How long would that take? What do other usc-immigrant couples do? If they went to live in Mexico and had a child what would be the child's status. Would we have to go through all this for the child to come to the US even to visit?

    Isn't there a chance that if the Hispanic vote become important that this year that congress might approve 245(i). Someone told me there are thousands of applicants with family waiting on that?

    I am new to this, thank you all who have taken the time to read this.

    Leave a comment:


  • NYCImmParalegal
    replied
    245(i) requires an extension from Congress. However, since this is an election year, it is doubtful that it will be extended. It is also doubtful that the I-130 would be approved and that your daughter's husband would be able to adjust.

    Leave a comment:


  • usmom
    replied
    My daughter fell in love and married a wonderful man who came here from Mexico 4 yrs ago to save money to build a decent home for his mother. She has filed for I-30 which probably won't be processed for a year yet. They are hoping that the Act 245i that makes it possible to file the 485A and pay the fine for being here illegally without having to exit the US will be enacted again. Does that require an act of Congress or an executive order? If it is not enacted and they receive an appointment for an interview, what will happen? What alternatives are there? This whole situation is making me sick with anxiety.

    Leave a comment:


  • usmom
    started a topic Will 485-a be possible in future?

    Will 485-a be possible in future?

    My daughter fell in love and married a wonderful man who came here from Mexico 4 yrs ago to save money to build a decent home for his mother. She has filed for I-30 which probably won't be processed for a year yet. They are hoping that the Act 245i that makes it possible to file the 485A and pay the fine for being here illegally without having to exit the US will be enacted again. Does that require an act of Congress or an executive order? If it is not enacted and they receive an appointment for an interview, what will happen? What alternatives are there? This whole situation is making me sick with anxiety.
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