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VisaJourney.com > General Family Based Immigration Topics > Waivers (I-601 and I-212) and Administrative Processes (221g)

sasha
sad.gif sent I-130 then received notice of action to apply for I-485, applied then received notice of action again to do biometrics. I wonder if will need a waiver when and if we need to appear in interview.
I am married to an ilegal allien
kitkat1
QUOTE(sasha @ Jul 19 2006, 12:11 PM) *

sad.gif sent I-130 then received notice of action to apply for I-485, applied then received notice of action again to do biometrics. I wonder if will need a waiver when and if we need to appear in interview.
I am married to an ilegal allien


Can you post more information and fill in your timeline? From what country? Illegal because he entered without inspection? If so, how many times? Or did he come with a legal visa and overstay? These details make all the difference.
desert_fox
Depends on how you define illegal. Can he prove that he entered the US legally?? or did he sneak across the border?? In one case you can adjust status, in the other you will need a waiver and interviewed in his foreign country.
sasha
QUOTE(desert_fox @ Jul 19 2006, 05:30 PM) *

Depends on how you define illegal. Can he prove that he entered the US legally?? or did he sneak across the border?? In one case you can adjust status, in the other you will need a waiver and interviewed in his foreign country.


He enter first with a permition to work visa, overstayed then come back twice ilegally sneak acroos the border

QUOTE(kitkat1 @ Jul 19 2006, 05:19 PM) *

QUOTE(sasha @ Jul 19 2006, 12:11 PM) *

sad.gif sent I-130 then received notice of action to apply for I-485, applied then received notice of action again to do biometrics. I wonder if will need a waiver when and if we need to appear in interview.
I am married to an ilegal allien


Can you post more information and fill in your timeline? From what country? Illegal because he entered without inspection? If so, how many times? Or did he come with a legal visa and overstay? These details make all the difference.


From the country of Mexico He enter first with a permition to work visa, overstayed then come back twice ilegally sneak acroos the border
kitkat1
QUOTE


He enter first with a permition to work visa, overstayed then come back twice ilegally sneak acroos the border




Sorry to be the bearer of bad news. It's unfortunate that he did not try to adjust his status from his work visa when he first overstayed.

Two illegal entries (sneaking across the border is illegal entry) = lifetime ban. You can continue to file paperwork for the I-130 and wait for the appointment in Ciudad Juarez -- it takes about one year from the date the file is received in Ciudad Juarez to get an appointment date -- but he will be denied and there is no waiver available.

Since he will be required to swear to tell the truth at the interview, he cannot lie about the multiple illegal entry. In fact, doing so could cause him more problems down the road.

The only thing you could possibly do is wait to see if any of the immigration reform bills pass. If so, one of the proposals may include relief for people who entered without inspection more than once but I am not sure.
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