What is our next step?

[dolphins 0]

Hi everyone,

I'm new here so thanks in advance for any information you can provide. My husband is here illegal from Mexico. He has been here for ten years and we have been married for almost seven and have two kids age six and four. When he came here he entered without inspection. We have filed his I130 and are now ready to file the I824 to have his case moved to Ciudad Juarez and pay the 340 dollars to do that. Our understanding is that next he will receive a request for more documents. WHat will they request? How much more money will we have to send? After that we were told that then he would have to go to Ciudad Juarez to finish the process. WHat will have to be done once he is there? Does anyone know an approximate amount of money he will need to have with him? We know he will be denied because he was here illegal but we can file a waiver. How much does it cost to file the waiver? How long will he be in Mexico?

If anyone has been through a similiar situation and can give us some insight we would greatly appreciate it!

[Lia792 5]

Hi dolphins,

1. I'm not sure why you would have to file the I-824. I understood that was for cases that have been lost or forgotten.

2. RFEs are requests for more information, e.g., if you did not send enough information in your original packet you get one. There is no fee for an RFE.

3. The I-130 costs:

USCIS: 355, NVC/ Interview: 400 DHL at the interview: 70 for one of the forms (I forget which because the fee is not relevant to me) 8 Medical Exam: currently about 175 plus VAT plus the vaccinations, probably approximately 344 if not more. Add to that the cost of flights, hotel in CJ, taxis, and a variety of paperwork. However, those prices can change at any time, so be prepared for that.

4. In Ciudad Juarez, he will have a medical exam on one day, and then the interview later. Most people advise leaving at least one day between the medical and the interview because there can be delays. He will be denied at the interview, and then wait around for DHL to send him information saying if his case is waiverable or not. If he is eligible for a waiver, you can call right away about it. Some people get scheduled while they are still in Juarez. You will want to have your waiver packet prepared before you go there. Your hardship waiver is very important. Here's VJ's link to more info:

http://www.visajourney.com/forums/index.php?showtopic=319

I would also recommend www.immigrate2us.net and www.smf.juarez-mexico.com because there are a lot of people on both those forums who have experience with those issues.

I don't have enough knowledge about waivers to know how your case will go, but you should make sure you are aware of what the consequences of leaving the US will be, because some people gets bans much larger than they expected. I recommend checking with some of the other forums.

Edited January 25, 2010 by Lia792

[mrs. wife! 3]

There was a case similar to yours in the Brazilian forum, that the woman entered the US without inspection and the US citizen (husband) was asking about the waiver.

If I recall people were saying if you entered without inspection you are not waivable. I think your husband may have 5 or 10 years ban form the US. Really not sure.

Take a look at the topic: http://www.visajourney.com/forums/index.ph...232416&st=0

Hope someone with more acknowledge can help you guys. And definitely find legal advice, you can't do a waiver by yourself.

[dolphins 0]

There was a case similar to yours in the Brazilian forum, that the woman entered the US without inspection and the US citizen (husband) was asking about the waiver.

If I recall people were saying if you entered without inspection you are not waivable. I think your husband may have 5 or 10 years ban form the US. Really not sure.

Take a look at the topic: http://www.visajourney.com/forums/index.ph...232416&st=0

Hope someone with more acknowledge can help you guys. And definitely find legal advice, you can't do a waiver by yourself.

Thank you both for the info.

[sachinky 465]

If he entered without inspection, then he needs to leave the U.S. ASAP and return to Mexico and process his case from there.

File the I-130. The case will be denied at the embassy so be prepared with a waiver/hardship package.

Get a good lawyer, if you haven't already.

[dolphins 0]

If he entered without inspection, then he needs to leave the U.S. ASAP and return to Mexico and process his case from there.

File the I-130. The case will be denied at the embassy so be prepared with a waiver/hardship package.

Get a good lawyer, if you haven't already.

Thank you

How hard is it to get the waiver prepared?

[albkos 1]

Thank you

How hard is it to get the waiver prepared?

hi i would speak to an immigration attorney before u decide for him to leave...i believe u can file the 130 form while he is in usa...i would not rush thinking he has to leave

[canadian_wife 1,823]

If I recall people were saying if you entered without inspection you are not waivable. I think your husband may have 5 or 10 years ban form the US. Really not sure.

Actually the bans for illegal entry and presence in the US are waiverable and are 3 years if someone was here between 180 - 365 days of illegal presence in the US and 10 years for 365 days plus.

So OP - you'll likely get hit with a 10 year ban. You will need to prove how you will endure extreme hardship if your husband is not returned to the US and how you cannot move to Mexico. Here is a link to get you started

http://www.visajourney.com/forums/index.php?showtopic=316

You'll need a lawyer to help you with the waiver packet as it is long and difficult to prepare.

Good luck.

PS - head on over to immigrate2us.net. They are a site that focuses on waivers and illegal entries/overstays.

[elmcitymaven 9,712]

Moving to the Waivers and Administrative Processes forum as the OP's question is about waivers.

[belinda63 3,039]

"hi i would speak to an immigration attorney before u decide for him to leave...i believe u can file the 130 form while he is in usa...i would not rush thinking he has to leave"

Since he entered without inspection he is not eligible to adjust status from within the US.

[Brother Hesekiel 2,236]

If your husband leaves the US, he will be banned for 10 years. Yes, this ban can be overcome with a waiver where you would have to state extreme hardship, but such a waiver is extremely difficult to obtain. I venture to say that a wife and two children in the US is not enough hardship in the eyes of the USCIS. If you were a USC and in a wheelchair, unable to move, to eat, to do anything on your own, that would most likely work.

Given your situation, I venture to say that you cannot get AOS done without the help of a competent immigration attorney, and you shouldn't have even filed anything as you will do more harm to your husband's case than you could possibly know. One mistake and he's in detention, waiting to be deported to Mexico.

Out of 100 immigration attorneys, perhaps 5 to 10 are experts in waiver situations like yours. The best one I know is Laurel Scott. She is otherworldly good in these special cases. Go to www.immigrate2Us.com as that site is rather specialized in cases like yours.

Until recently, any EWI was believed to be the kiss of death for any petition. It still is, but, interestingly, there's a fine line where EWI is not applied if your husband entered without inspection but did not sneak in, but instead was not inspected because the border agent waved him through, as it was often the case for people who crossed the Mexico/US border in the old days when your husband arrived. Yes, you will have to prove that, but that's not impossible to do, if you know what you need to know.

Again, don't try to tackle this on your own. Your case is so difficult and filled with land mines that can explode in your face at any given time. If your husband is deported, I'm sure, absolutely sure that he won't come back before 2021.

[mshopeful 1]

Hi everyone,

I'm new here so thanks in advance for any information you can provide. My husband is here illegal from Mexico. He has been here for ten years and we have been married for almost seven and have two kids age six and four. When he came here he entered without inspection. We have filed his I130 and are now ready to file the I824 to have his case moved to Ciudad Juarez and pay the 340 dollars to do that. Our understanding is that next he will receive a request for more documents. WHat will they request? How much more money will we have to send? After that we were told that then he would have to go to Ciudad Juarez to finish the process. WHat will have to be done once he is there? Does anyone know an approximate amount of money he will need to have with him? We know he will be denied because he was here illegal but we can file a waiver. How much does it cost to file the waiver? How long will he be in Mexico?

If anyone has been through a similiar situation and can give us some insight we would greatly appreciate it!

you need to get an immigration lawyer, you may want to go to immigrate2us.net this forum is intended for cases like yours. i believe you need to prepare waivers like I-601 and I-212, that's why you need a lawyer expert in preparing these. it's not an easy process and quite costly too but there's nothing you can do to be with your love ones. just be patient and good luck.

[emt103c 10]

If you don't know what you're talking about, don't give advice that is only designed to scare the ####### out of her.

YES she needs to talk to an attorney. . .

NO he cannot Adjust status without leaving (but she already knew that)

NO she doesn't have to be "in a wheelchair unable to move" to get an approved waiver, in fact, Mexico is one of the easiest (and fastest) consulates to get a waiver from

YES she probably does need the I-824, but only if the I-130 is old and hasn't been worked with in a while. If it was just recently approved, it will automatically go to the NVC, as long as you noted that he was not applying for AOS. If it was recently approved and correctly filed, it will AUTOMATICALLY go to the NVC and to CDJ.

www.immigrate2us.net is the best place for information about waivers, espcially waivers going through Mexico. There is a ton of information on how to get a waiver appt, how to prepare the package, and recommendations on attorneys who have a lot of experience with I-601 waivers. You will need to figure out if he is eligible for a waiver before he leaves the country, don't do have him leave until you know for sure. 601's in Mexico have the chance to be approved in under a week, and it is the only country where that is possible.

Edited January 27, 2010 by emt103c

[TBoneTX 45,536]

If you don't know what you're talking about, don't give advice that is only designed to scare the ####### out of her.

emt, gracias for standing up against someone who obviously had "diarrhea of the keyboard."