HELP for Husbands Visa interview in Ciudad Juarez Dec 23, 2009

[MexiGringa 1]

Hello,

I am brand new to this site and don't even know if I am posting correctly!!

Anyhoo, I am the Petitioner on my Mexican husbands behalf. I filed the I-130 in June 2009 and we received his Interview appt on November 27, 2009. We have one way tickets to El Paso leaving the 18th. His Interview is the 23rd. I have been told MANY different things and am soooo CONFUSED. I was told by some that as his Wife and Petetioner that I was required to go and now others have said that I do not. He has been here illegally since 1998 and we have been together since 2006. We have one child together and another on the way. My Husband doesn't feel comfortable traveling alone thru checkpoints and has no idea which papers are which in all our mounds of paperwork. I figured sending him alone would be like sending him to swim with sharks!! Can anyone give me any insight or help?? We are expecting him to have to stay behing in Mexico for up to a year or possibly more since he entered illegally, but does anyone really know from their personal experience? We have been told so many different things and have done everything on our own without a Lawyers help. Like what happens at the Interview? After the Interview? What is the waiver for? Does he need to make an appt for one, or do they tell him that in Juarez? I am just so worried and feel like we are entering the unknown...ANY help would be greatly appreciated..

Thank you

[leith@Ievgeniia 8]

he has to be at interview. if he is here eligial he will not get visa. he has to have police report for the past 12 years he has lived. this is why we all have problems due to this situation you just told.

if you read other threads you will see all that will have to be done by the way? how did u get so far in the process with him not being legal here? and you did not read about police report?

jsut curious. sounds like your trying to get around laws more and find way to make all better.

my suggestion you both move back to mexico live there and prove you are legal before moving forward.

[MexiGringa 1]

he has to be at interview. if he is here eligial he will not get visa. he has to have police report for the past 12 years he has lived. this is why we all have problems due to this situation you just told.

if you read other threads you will see all that will have to be done by the way? how did u get so far in the process with him not being legal here? and you did not read about police report?

jsut curious. sounds like your trying to get around laws more and find way to make all better.

my suggestion you both move back to mexico live there and prove you are legal before moving forward.

First of all, we are NOT trying to get around ANY laws to make ANYTHING better. We are doing EVERYTHING BY THE BOOK AND LAWS that pertain to OUR situation. He DOES NOT NEED A POLICE CERTIFICATE. If you read the laws for HIS Country of origin, you might have a clue. And as for your question on how did we get this far in the process with him being illegal (or eligial as you spelled it), are you IGNORANT? What would be his point in obtaining a Visa and Citizenship??? And no kidding he has to be at HIS interview...maybe if you could read and spell you would see I was asking for insight, NOT JUDGEMENTS from other people in SIMILAR situations. You obviously haven't a clue....

[canadian_wife 1,831]

This is from the consulate:

Only visa applicants, the parents of child applicants, and those assisting the elderly or disabled will be allowed into the Consulate compound.

http://ciudadjuarez.usconsulate.gov/step5_iv.html

So it sounds like you, as the USC, will not be allowed into the consulate for the interview. While you can travel with him to the consulate, you will not be allowed in.

At the interview your husband will be asked questions about you and your relationship. His visa will be denied and he will be issued a 10 year ban from the US due to his illegal entry(assumed) and presence (assuming he has no criminal background etc). You will then submit a waiver proving that you will endure extreme hardship if he does not come back to the US and explain why you cannot move to Mexico. This packet is very lengthy and you will likely require a lawyer.

Consult Laural Scott - she is an excellent lawyer and has lots of experience with waivers. Good luck .

[MexiGringa 1]

This is from the consulate:

Only visa applicants, the parents of child applicants, and those assisting the elderly or disabled will be allowed into the Consulate compound.

http://ciudadjuarez.usconsulate.gov/step5_iv.html

So it sounds like you, as the USC, will not be allowed into the consulate for the interview. While you can travel with him to the consulate, you will not be allowed in.

At the interview your husband will be asked questions about you and your relationship. His visa will be denied and he will be issued a 10 year ban from the US due to his illegal entry(assumed) and presence (assuming he has no criminal background etc). You will then submit a waiver proving that you will endure extreme hardship if he does not come back to the US and explain why you cannot move to Mexico. This packet is very lengthy and you will likely require a lawyer.

Consult Laural Scott - she is an excellent lawyer and has lots of experience with waivers. Good luck .

Thank you VERY MUCH I appreciate your help. I knew about the waiver and was unsure if he would be given the appointment for one while he is there in Juarez. Some said to call and schedule one prior to leaving and the USCIS website said needing an appointment will be determined at the Visa Interview. I believe it's the I-601 that needs to be filled out, but I'm not positive. And thanks, I will definatly look into consulting with Laurel Scott.

[MrsBocanegra 3]

Hello,

I am brand new to this site and don't even know if I am posting correctly!!

Anyhoo, I am the Petitioner on my Mexican husbands behalf. I filed the I-130 in June 2009 and we received his Interview appt on November 27, 2009. We have one way tickets to El Paso leaving the 18th. His Interview is the 23rd. I have been told MANY different things and am soooo CONFUSED. I was told by some that as his Wife and Petetioner that I was required to go and now others have said that I do not. He has been here illegally since 1998 and we have been together since 2006. We have one child together and another on the way. My Husband doesn't feel comfortable traveling alone thru checkpoints and has no idea which papers are which in all our mounds of paperwork. I figured sending him alone would be like sending him to swim with sharks!! Can anyone give me any insight or help?? We are expecting him to have to stay behing in Mexico for up to a year or possibly more since he entered illegally, but does anyone really know from their personal experience? We have been told so many different things and have done everything on our own without a Lawyers help. Like what happens at the Interview? After the Interview? What is the waiver for? Does he need to make an appt for one, or do they tell him that in Juarez? I am just so worried and feel like we are entering the unknown...ANY help would be greatly appreciated..

Thank you

I just returned from Juarez with my SO. You as the Petitioner are not allowed in, but I went for moral support and believe me they need it. I personally do not have experience with the Waiver process, but I here this website is great immigrate2us.net. Many people have found lots of information on that website I hope it helps. Once you are in Juarez there are plenty of people going through the same experience as you so don't be afraid to ask them for advice. I am sorry I don't have more answer for you regarding the Waiver process, but if you have questions about Juarez please feel free to ask.

[MrsBocanegra 3]

he has to be at interview. if he is here eligial he will not get visa. he has to have police report for the past 12 years he has lived. this is why we all have problems due to this situation you just told.

if you read other threads you will see all that will have to be done by the way? how did u get so far in the process with him not being legal here? and you did not read about police report?

jsut curious. sounds like your trying to get around laws more and find way to make all better.

my suggestion you both move back to mexico live there and prove you are legal before moving forward.

Wow, was that really necessary. Just cause he was here illegally does not mean he will NOT get a visa. There is a wavier process that he will have to do in order to get the visa. In Mexico you do not need a police report.

Next, time before you post maybe you should think before you do so. Nothing you said was productive all you did was criticize her and then you proceeded to give her the WRONG information. If you don't know then just don't say anything because judging people doesn't help anyone.

[Chica Yeyé 41]

First things first. You will not be allowed inside the Consulate.

Second, since he entered without inspection more than 20 years ago, he will be denied - and chances are given a lifetime ban. Do not expect sympathy from folks who are doing things the proper way (as in not remaining illegally in a country for decades). What leith said sounds harsh, but it is correct: you might want to look into relocating to Mexico. Check out the Secretraria de Relaciones Exteriores and the Secretaria de Gobernacion websites.

This is not about judging people. Immigration laws and regulations are there for a reason --- if we do not follow them, we will eventually have to deal with the consequences. Quite simple, really.

[Ban Hammer 14,569]

Second, since he entered without inspection more than 20 years ago,

He has been here illegally since 1998 and we have been together since 2006.

[MrsBocanegra 3]

First things first. You will not be allowed inside the Consulate.

Second, since he entered without inspection more than 20 years ago, he will be denied - and chances are given a lifetime ban. Do not expect sympathy from folks who are doing things the proper way (as in not remaining illegally in a country for decades). What leith said sounds harsh, but it is correct: you might want to look into relocating to Mexico. Check out the Secretraria de Relaciones Exteriores and the Secretaria de Gobernacion websites.

This is not about judging people. Immigration laws and regulations are there for a reason --- if we do not follow them, we will eventually have to deal with the consequences. Quite simple, really.

I agree laws are there for a reason and like I said I didn't have to go through the waiver process. I just think the poster did not give correct advice and just passed judgment. I can see you are not passing judgment you are just informing her that he could very well likely get denied and she might have to move to Mexico. I think she should be prepared for this as well because you never know. On the other had to discourage her from trying is not good either. I think she should try but go in knowing that she might not get it. I met a few people who I thought for sure would get denied and they were approved with only a 9 month ban. When it comes to immigration there seems to be no sure answer.

I also agree that if you don't follow the rules you will have to deal with the consequences and she most definitely should be prepared for this.

[Minya's wife 25]

Second, since he entered without inspection more than 20 years ago,

He has been here illegally since 1998 and we have been together since 2006.

OK, so its 10 years...still long enough to incur at least a 10 year ban, if not a lifetime one.

Also isn't it that eligibility to apply for a waiver for overstay isn't disclosed until the conclusion of the visa interview. Not all overstay denials are given the chance at a waiver, right?

[Chica Yeyé 41]

Second, since he entered without inspection more than 20 years ago,

He has been here illegally since 1998 and we have been together since 2006.

I read 1988. My bad.... only been illegal one decade

[MrsBocanegra 3]

Second, since he entered without inspection more than 20 years ago,

He has been here illegally since 1998 and we have been together since 2006.

OK, so its 10 years...still long enough to incur at least a 10 year ban, if not a lifetime one.

Also isn't it that eligibility to apply for a waiver for overstay isn't disclosed until the conclusion of the visa interview. Not all overstay denials are given the chance at a waiver, right?

I think you are right eligibility is not disclosed until after the visa interview, but I am not sure I have no experience with the waiver process.

[Chica Yeyé 41]

I do not recall an EWI being waiverable. Is it?

[Chica Yeyé 41]

Correcting myself: there will be a 10 year ban for more than 1 year illegal presence. If the husband has had more than 1 EWI instances, the ban would be a lifetime ban. More precisely, here's the deal:

• When an alien enters the US as an EWI one time and stays in the US more than 1 year, he faces a ban of 10 years. This ban is generally waiveable immediately with an I-601 waiver. The law that describes this is INI 212(a) (9)(B).

• When an alien enters the US as an EWI and stays in the US more than 1 year in aggregate, then leaves and enters again or attempts to enter again, he is banned for life. This ban can generally be waived with an I-601 waiver but not until the alien has first spent 10 years outside the US. The law that describes this is INI 212(a) (9)©. There are a few exceptions to this rule- see exceptions to (9) © below.

Edited December 10, 2009 by Chica Yeyé