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My husband entered the country in '98 illegally. We have been married 2 1/2 years now. We had the I-130 approved and everything went to the NVC and was forwarded to the consulate in his country. We are told he will need to return to his country to finish adjusting his status. OK, I understand all of that... My question is this... does anybody know ANYONE that has left the country to do this and returned with the right papers? If so, how long did it take and what part of the country were they from? I need a little bit of hope in this situation. I am scared to death that my husband will not be allowed to return to the US. Any information to encourage is very welcomed at this point! Thanks!!
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My husband entered the country in '98 illegally. We have been married 2 1/2 years now. We had the I-130 approved and everything went to the NVC and was forwarded to the consulate in his country. We are told he will need to return to his country to finish adjusting his status. OK, I understand all of that... My question is this... does anybody know ANYONE that has left the country to do this and returned with the right papers? If so, how long did it take and what part of the country were they from? I need a little bit of hope in this situation. I am scared to death that my husband will not be allowed to return to the US. Any information to encourage is very welcomed at this point! Thanks!! -
Yes, there are cases of successfull returns the proper way. He'll need a "waiver of inadmissiability" which needs to apply to your hardship (the U.S. citizen spouse and to the children if you have any) along with all the other sponsorship application (note; you need to be earning 125% above the poverty line that usually is the hardest part for female U.S. spouses).
The availability of this will depend on the amount of time he overstayed (179-364 days, inadmissibility is 3 yrs. and this waiver is usually formal in nature, since BCIS does process his sponsorship no sooner than the 3 year ban of inadmissibility ... ironic, I know, but that's usually the way it goes).
An illegal presence of more than 365 days where a ban or inadmissibility of 10 yrs. kicks in, is a bit more difficult, but possible). In any case, as long as he wasn't arrested and/or convicted for any crimes, he should not be permanently ineligable to AOS or permanently inadmissiable, so sooner or later it'll work out, good luck!Comment
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Thank you for you comment! I appreciate knowing anything. Unfortunately, he has been here longer than a year illegally. He tried for TPS when the INS opened it for his country in 98- a "lawyer" took the money to do it ($1500) and never did it. My husband and his friends were too scared to make a problem and never trusted another lawyer to do this again! So, here we are.Comment
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Hi. My husband overstayed by more than a year, then left the country. We filed the I-601 waiver and were approved. From the time of submission of the I-601 waiver we needed to wait about a year to receive the answer.
There was additional time added on since we had to wait for the interviews as well.
The hardship letter is the most important part. As long as you do a good job on it, (and fill out the form correctly and provide evidence) there is a good chance that he will be admitted.
By the way, we filed our waiver pretty much on our own, with minimal help from a lawyer.
www.immigrate2us.netComment
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And if your husband is from Mexico, you will have no problem.Comment
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Actually he's from Nicaragua. Does it seem to make a difference where the immigrant comes from?Comment
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Most embassy's and consulates work independently. Therefore, there is some variation between the countries (it also depends on who reviews the case.)
I have reason to believe that the person that reviews cases in Mexico may also review cases in Nicaragua, but I am not sure.
However, since he is from Nicaragua, before you go any further I would recommend that you investigate NACARA, there may be some exceptions that apply to him, and therefore, he may have a slightly easier time. i.e. perhaps under NACARA he is not required to return to his country to finish AOS - I am not sure, but it can't hurt you to look into it!!!
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It is really sad that he did not apply for Nacara or TPS. As for the waiver, each consulate does their own deicsions. They say that Ciudad Juarez (the only consulate in Mexico for IV) runs at about 90% approval for 3/10 year bar waiver apps. Of course if any reform does come down the pike, the bars are likely to be the first to go, they are pretty unpopular. So, maybe by the time the 130 is processed there wont eve be a bar!Comment
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My husband and I are celebrating our fourth wedding anniversary in November. We married in the U.S. even though he was here illegally. It was not til after we married that we investigated a means for him to improve his situation. In June 2003 we applied for the I-130 and his first appt was June 2005. He had voluntary deportation in 1997(?) and did not leave at that time. We went to his appt 06/05 and were told to wait for another appt. They said they needed to check his story. I just got home yesterday from our 3rd appt. in CJ. We have filed 2 waivers and are now on our 3rd. I was not allowed into the consulate for the 2nd and 3rd interviews, but I went with him anyway. If your spouse has voluntary deporation after having a court hearing, make sure that they take the paper from the judge and give it to the Mexican border officials when they cross over from U.S. side. This will start the clock rolling again in their case. We found this out the hard way. We just showed up at the appt and they told him that since he did not check in when he entered Mexico that they had no official record of his voluntary departure so he is considered deported. Now we have to apply for another waiver. I wish you lots of luck and hope that your faith is strong and you have good friends and family to support you. I am dealing with all of this alone, my family lives in another state. I know that nothing is guaranteed, but I have not given up hope.Comment
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Hi Shelly
visit forum immigrate2us.net. there are many in your same situation. check under postings 601 waivers. Glubirne, Spouse and others have had lots of sucess..depsite the long wait. you will not be alone, and may get lots of support there.
Best wishes and hope all turns out well in the end and sooner than expected. god blessComment
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