My husband came in ilegally to the USA and after one year we met and got married. We now have a baby together and he is still in the USA. I have already filed for his paper work and he will be going back to Brasil in August because the interview will be there. Can they hold him in Brasil as a penalty for coming into the USA ilegally? What will happen? Does anyone have any info?

They wont "hold" him in Brazil because its not the brazilian government responsibility to enforce the immigration laws of the U.S.

BUT your husband will be banned from entering the U.S. again, because he entered the country ilegally. How long has he stayed in the U.S. ilegally?

I suggest you consult with an specialized immigration lawyer.

HE HAS STAYED HERE FOR 3 YEARS. WE'VE TRYED TALKING TO A LAWYER BUT THEY WON'T TAKE HIS CASE.

wow i dont even know what to suggest i know that they do penalize for over stay of a visa by banning u for so many years but i have no idea what they do about coming illegally and getting married to a citizen and having a child together.........but for sure dont think i would submit any papers for his immigration until talking to an attorney that will at least give u and idea about what is going to happen







opps i read it wrong i see u have already applied for his immigration with paper work u really need to talk to a very good immigration attorney and see what they suggest ............................before he leaves the usa

I'm sorry to not be able to offer any different advice but I agree with everyone else you really need to consult an immigration lawyer. There will be someone willing to take on the case but be aware it may cost you.

Good Luck

xxx

An immigration lawyer doesn't have to take his case, but they can still give you an idea of what will probably happen to him when he goes to Brazil for his inteview. Many of them give free phone consultations.

My guess is that since he came here illegally, meaning, he didn't come in through an airport with another type of visa, he will be penalized in Brazil and will have to stay there for an X amount of years regardless of whether he is currently married to a US citizen and has a child with her.

Diana

Why is that? There are many immigration lawyers out there.

You could file for a waiver, but I really think you should consult with a lawyer before your husband departs, so he can tell you when and how to file for the waiver.

Completely agree, you need to get a lawyer. Be persistent and keep calling them until someone (reputable and good) takes the case. Once he gets to Brazil, he could face a ban on re-entering the US. Are you filing a K-1 (since its posted here)? In that case I hope he's not actually your husband yet!

When he goes for his interview in Brazil, his visa will be denied. But, he will be allowed to submit a request for a "waiver of inadmissibility" plus a hardship letter that would present arguments as to why such a waiver is needed. The letter will list all the hardships that the USC will face if the sponsored immigrant is not allowed into the US.

Check out the 601 topics here and also www.immigrat2us.net.

we had a friend that done the same thing and he had a lawyer, but he was advised not to go back until he has appt. with the consulate.

I too would advice a lawyer... I just did a quick search on Google and learned that what he did might not only result in a long term ban from the states, it might also end up in a jail sentence... It is really advised you get a lawyer on this case.

also, read a few things like these: http://en.wikipedia.org/wiki/Illegal_immig...e_United_States it contains some links which might be of interest to you.

www.immigrate2us.net

Moving to waivers.

I'm assuming that you are doing paperwork for a CR1/IR1 visa? Your husband is having his interview in Brazil because you've stated on the I-130 that he is currently living in Brazil? Otherwise you would have filled out the I-485 (adjustment of status) paperwork and the interview would be at your local USCIS office. If you could please let us know which route you are going, that may help us help you.


I concur-get a lawyer.

Thats the trick.. they get you to leave the country for an "interview" in your home country, deny the visa, and put a ban so you can't come back into the country...
Get an attorney!!

It's not a 'trick'.

Uninspected entrants are ineligible to adjust status from within the United States.

My issue is that there is the possibility that her husband's whereabouts has been misrepresented on the I-130, it doesn't matter if it was intentional or not. The USCIS may view that as another no-no, minor when compared to the illegal entry and stay, but still evidence that the applicant is trying to circumvent legal channels of immigration.

And rebeccajo is certainly correct. You have to have legal status to adjust from. One simply cannot adjust status from illegal entry. Marriage to a USC does enable a legal channel of immigration but, for the reasons stated above, the petition is almost certain to be denied. A I-601 waiver cannot be filled out until after the applicant has been denied the visa at the interview.

The best place for information on this case would be immigrate2us.net . There are members there who have already filed waivers through Brazil and can tell you what to expect.

Do not leave without speaking to a qualified immigration attorney first. The ones who won't take your case are probably doing so because they are not experienced with the I-601 hardship waiver. Consider hiring one experienced in this waiver.

Try www.visacentral.net, looking up Laurel Scott, Heather Poole, etc. The attorney does not need to be in your area because immigration law is federal. These two attorneys are specialists, one in Texas the other in California. It is difficult to find a good attorney for this type of case.

Most probably you will have your interview and be told that he has incurred a ten year ban for which there is a waiver. Either that day or soon after you will be able to submit your waiver package. Look into immigrate2us.net to see the type of evidence you need.

It is a long but do-able process. Good luck.

He can't adjust status because he has no legal status to adjust from. There is no way I am aware of for him to do anything without leaving. There will be a ban hopefully just a 10 year. Then the OP will have to file a waiver. It will probably mean years apart as must visas are running about a year with no waviers needed. The immigrate2us site seems to have more data for people with legal issues than this site usually sees.

I AM NOT SURE WHICH ONE WE FILLED, I HAD A LAWYER WHEN I STARTED AND HE CHARGED ME 1000 DOLLARDS JUST TO FILL OUT THE FIRST PART OF THE PAPER WORK AND THEN HE DROPPED THE CASE SAYING HE COULDN'T DO ANYTHING ABOUT IT. I'VE SPOKEN TO THE NVC AND USCIS AND THEY TOLD ME THAT HE SHOULD BE IN BRAZIL. I WONDER IF I SHOULD CALL AGAIN AND ASK IF I HAVE FILED THE RIGHT PAPER WORK?!

I'm really sorry Joy&Junior about your case. While it seems like it's been handled poorly by your lawyer, I wish that you had a better understanding of your case from the beginning. I would like to strongly urge you to become an active participant in your husband's visa application process, because it does seem to be very serious. You need to learn everything that you can about your case so that you know what are the next appropriate steps.

Do not call the USCIS or NVC again. They are correct, your husband really should be in Brazil during the visa application process.

Read all of the excellent advice emt103c and rebeccajo have given you; read all of the guides here on VJ.

First place to start: demand a copy of all of the paperwork your first lawyer has filed. You have every right to the paperwork. If necessary, file an injunction to get the paperwork. Did you write out checks for the application fees? If so, what was the amount? That will help you figure out what paperwork you filled out.

Next thing: please get another lawyer. If by then, you don't have the paperwork from your 1st lawyer, have your new lawyer call the USCIS or NVC to figure out what is going on.

Good luck.

If you request your file from your attorney, State Law requires that he/she give it to you.

Get your file from your lawyer and find out what has been filed so far. You can't begin to make any decisions until you at least know that.