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  • How long does this take?

    My husband entered the country illegaly and I filed his i-130 application in september 2002. How much longer are we going to have to wait?

  • #2
    My husband entered the country illegaly and I filed his i-130 application in september 2002. How much longer are we going to have to wait?

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    • #3
      Are you a USC or LPR and which processing center was the I-130 filed at?

      All of this will make a difference.

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      • #4
        I am a citzen and it was filed through nebraska

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        • #5
          From what I can tell the I-130 US Citizen filing for spouse, parent, or child under 21 category is currently being processed with a receipt date of 8/5/2002 - which is only about one month before your submittal.

          Therefore, my guess is that you shouldn't have to wait much longer... a few more months at most.

          Do you have the I-601 ready?

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          • #6
            no, I don't know much about the immigration process why would I need to fill out that form? Also, After his application is approved around how much time does it take before he can get his green card?

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            • #7
              If your husband entered the United States illegally (i.e. without inspection) he will not be able to adjust status within the USA and will need to leave the US and apply for a visa from the consulate in his own country.

              If he accumulated more than 6 months of unlawful presence he will have a bar from the USA (specifically 6 months = 3 year bar, and 1 year = 10 year bar)

              In order for him to be issued a visa he will need to submit a I-601 waiver that demonstrates hardship to the USC.

              www.immigrate2us.net

              (I am trying not to check this board as frequently, so check out the above forum!!)

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              • #8
                He is the only one working now and we have a child. Will he still have to leave and will I have to find some one to sponser him. He is working on a ss# that his dad got for him a s a dependent. (Your help is greatly appreciated)

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                • #9
                  The circumstances do not matter. If he entered illegally he CANNOT adjust his status in the U.S. He must go home to do it. Once he goes home, though, he becomes subject to the 10 year bar (I am assuming he has been in the U.S. illegally more than one year).

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                  • #10
                    Does this mean he will have to be in mexico for ten years even if i file the wavier? Will it take him ten years to get his green card?

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                    • #11
                      Waiting on your adjustment of status interview is one thing you have to wait on but you have to file an I-601 on the day you have your interview and must bring this to the attention of the immigration officer because if you conceal this information under oath, your husband will face the three to ten year bar and be deported. Yo must file form I-601 on the day you get interviewed and ask the officer where to file it. The I-601 can take a long time to process,holding back the green card approval even further until it is approved. There is no way to check the status of this when you file it either. You will have to wait a long time. I am not trying to dishearten you.It's just a fact
                      but the right thing to do is file it. Would yo rather him go home and be away from you for 10 yrs or be here and wait? Download the form from the website USCIS.gov under forms. Look for i-601. Has he not recieved a temporary work authorization card yet??

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                      • #12
                        The above is just my advice to you what I would do. It is up to you or not if you want to mention it or not at the interview but down the road if it is found that your husband entered the country illegally and was granted a green card while holding this information,it could cause alot of problems. The best thing to do is be honest and thats the only way to go. Good luck to you.

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                        • #13
                          Irish,

                          You are giving out false information please do not talk about things you do not understand. An I-601 waiver does not excuse someone who entered EWI. CIS WILL find out that he entered illegally because if he can't prove he came in legally he is presumed to have come in EWI and would require 245(i) which he is not eligible for. The I-601 will excuse unlawful presence AFTER the applicant has left the country and is applying overseas or if he manages to come back here legally and wants to apply here.

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