Just wondering if anyone is and or was in this situation. What happens since he already left voluntarily. I130 has been filed. He came here when he was 16 and was here for over 20 years. He had to leave on an emergency because his mom was sick, she has since passed away and he will not come back until we can hopfully get our interview. We had planned to get married next year but decided to get married before he left.

Your comments are appreciated

I am not sure how you would go about it, with the ilegal entry and presence spanning for more than 20 years and him being back in Mexico now. Hmmm --- I'm sure folks will chip in and give you advise (while others will be complete a-holes and bash you, but don't mind them). sorry to hear about his madre's death: Mexican mothers are adored and missed
good luck, L.

Love is love and people are people regardless of their status. Not sure why anyone would judge me but so be it. Just hoping to hear from someone who has been in this situation or who may be going through this. Thanks for your comment

there's a couple of members in the Mexico subforum who have gone through similar situations --- you might want to post a reply in our Fuera de Lugar! thread there.

There will be a waiver(for the illegal presence) that must be requested...and your husband should be informed of his eligibility for the waiver after the visa interview.

"...It is important to note that people who resided unlawfully in the United States for a year or more and who departed the United States, must continue to remain outside the United States until a waiver is granted. If they depart the United States and attempt to reenter or succeed in reentering the United States illegally thereafter without obtaining a waiver first, they will no longer be eligible for a green card or a waiver until they have resided outside the United States for ten years.

The waiver for previous unlawful presence is available only to those people who have a United States citizen or lawful permanent resident spouse and/or a United States citizen or lawful permanent resident parent. Furthermore, in order to be eligible for the waiver, the applicant must establish that their relatives will suffer extreme hardship if the applicant cannot reenter the United States before the three or ten-year period has passed.

It is very difficult to obtain a waiver from the USCIS offices abroad because the government applies a narrow view of what constitutes extreme hardship. But waivers are obtainable through the help of an immigration attorney who is an expert in this area of the law. This is no time to try a do-it-yourself waiver. The consequences are far too severe.

Link

Isn't there some sort of pilot program for waivers on inadmissibility with the CDJ consulate, where they're adjudicated much faster? I think I remember reading something about it. Maybe someone can chime in....

-P

I am new to this.......how do I find that subforum. I tried to look for fuera de lugar and could not locate it. Help!!

Yes, CDJ does have a pilot program...many people have their waivers approved right there.

I'd also go to www.immigrate2us.net...that forum basically specializes in people in your same situation.