Need feedback with interesting case

[Kaoticor 5]

Ok this is kind of wierd... A case like this might be on here, but I didn't see it right away. Anyway, a relative of mine is going through the I-130 form. She (US citizen) is married to a man from mexico who has lived in the US unlawfully almost all of his life (one of the brought over as a baby and lived here ever since stories). He has payed taxes every year required, holds a drivers license, attended school, never has had any convictions or arrests, or any other trouble with the law or drugs. However, technically he is still present unlawfully. Recently my relative filed the I-130 on his behalf (they have been married for several years), and they were approved with the subsequent interview in the consulate in Mexico. Although I could easily see the consular officer rejecting this based off of his status for so long in the US, I find it very wierd that USCIS would approve the petition in the first place.

They are supposed to go to the interview, however, I am concerned about the possibility of the ban taking place for his unlawful residence, and him not beeing able to come back in the country for a longggg time. Has anyone heard of any situations when this has worked???

He has never tried to "hide" himself here, and has filed paperwork ever since he could. And everything was approved here. Has anyone seen a case like this and if so with what results??? Thanks for any feedback you have!!

[calibob 73]

The ban and things/penalties will come at the interview at the embassy. Start preparing as the Beneficiary has a good, clean record there is no reason for USCIS to deny the application. They just background check, it is the CO that will have the say. Best lawyer up and begin rebutting or evaluating the situation on her part. Wish I had better news.

Bob

[Done--Really 331]

He will be refused at the interview and receive a 10-year ban, but it can be waived through the filing of a 601 waiver...be sure that they read EVERYTHING about bans and waivers...he is not coming back to the US in the very near term, and they need to know that--there is zero chance he will be approved at CDJ first time through.

They need to IMMEDIATELY go to www.immigrate2us.net to start preparing for the ban and the 601...if there are no complications, they can do all the filings themselves, but they need the experts at that website immediately...do not wait even one more hour !!!

[kzielu 1,154]

Question is whether he was inspected at the entry. If yes, then no problem - it is a simple overstay and will be forgiven through the marriage to USC. If he entered without inspection, than 10 year ban with possible hardship waiver.

If he ever claimed being US citizen (at school or anywhere else), then he needs to start looking for a nice place in Mexico because he will be inadmissible to US for life.

Edited November 7, 2011 by kzielinski

[Done--Really 331]

kz...

You are absolutely correct about the possibility of his ever claiming to be a USC...if that is the case, there are only two choices--to stay here and hope for the best and DO NOT continue with the process, or plan to live outside the US for the rest of his life. Things might change, but right now that is the law

[pushbrk 13,610]

kz...

You are absolutely correct about the possibility of his ever claiming to be a USC...if that is the case, there are only two choices--to stay here and hope for the best and DO NOT continue with the process, or plan to live outside the US for the rest of his life. Things might change, but right now that is the law

He needs to have a complete understanding of options and a firm plan in mind before leaving the USA to get the medical and interview. Even if he entered legally, overstays are forgiven in adjustment of status cases, not visa cases. If he entered the US legally, he should be adjusting status, not applying for a visa.

Edited November 7, 2011 by pushbrk

[Darnell 8,479]

paying taxes implies having a SSN.

Who's SSN was used, and did 'the husband' ever fill out an I-9 'as if' he were a USCitizen?

Those be the trouble spots, IMO - search around on immigrate2us.net for more folksen with the same backgrounders.

[Done--Really 331]

Taxes can use an ITIN rather than a SS#--many moving parts here, so better to go over to www.immigrate2us.net where they specialize in these cases

[Kaoticor 5]

Taxes can use an ITIN rather than a SS#--many moving parts here, so better to go over to www.immigrate2us.net where they specialize in these cases

You are correct. He is using a taxpayer ID rather than a SS number. In his exact situation, he was not inspeected at the border, his family "crossed the river". He never came on a visa, he never registered or did anything (as a 1 1/2 year old baby no less). I'm interested to know, have any of you ever heard of a similar case where the ban was not applied?

How long is the I-601 Waiver process if anyone is familiar with it? Thanks again for any feedback you all have

[married2paisita 1]

An inlaw of mine was in the exact same situation (illegal Mexican in US, paying taxes etc) and she filed for his I-130. I am not sure of all of details, but it took her about 18 months to get a visa for him and it was a lot of paperwork. I remember her saying that they had to prove they were unable to live in Mexico and support themselves or something like that (may have been for a waiver). Anyways, it worked out but it took a lot of time and money.

[calibob 73]

She'll have to prove undue severe hardship (the USC) to be granted the waiver for her beneficiary to be waived. Start researching 601 waivers here on VJ and on Immigrate 2 US also. We used a lawyer to prepare ours and saved a great deal of stress and headache but it can be done by the petitioner herself. Any way, best of luck in your process.

Bob

[Done--Really 331]

Zero chance of approval at CDJ...you must not waste more time hoping for a different answer--that is the ONLY answer, so get started right now at www.immigrate2us.net...you are wasting time that MUST go into how to file the waiver.

People here will want to help--me included--but the experts are at the other website....PLEASE go there NOW !!!

[Boiler 47,437]

Did he register for Selective Service?

[Brother Hesekiel 2,236]

Sure the I-130 was approved. Its sole purpose is to establish the relationship between the petitioner (his wife) and the beneficiary (him). Basically an approved I-130 says: yes, she is a U.S. citizen and he is her lawfully wedded husband.

The adjudicated petition then goes from USCIS to NVC and from there to the U.S. consulate in Juarez where he will apply for an IR-1 visa. Only then he will formally learn that his petition is being denied based on the 10-year bar he triggered when leaving the U.S. after being unlawfully present for 1 year or longer after his 18th birthday, which is when the clock starts ticking.

There are only 2 options:

1) Put aside $8K for an immigration attorney who is specialized in I-601 and I-212 waivers, such as Laurel Scott.

2) Do not leave the U.S. but wait for some form of the DREAM Act to become law. It's anybody's guess if and when that will happen, but mine is in 2013 or 2014 during Obama's second term when he doesn't have to appease the fat cats anymore.

[pushbrk 13,610]

Sure the I-130 was approved. Its sole purpose is to establish the relationship between the petitioner (his wife) and the beneficiary (him). Basically an approved I-130 says: yes, she is a U.S. citizen and he is her lawfully wedded husband.

The adjudicated petition then goes from USCIS to NVC and from there to the U.S. consulate in Juarez where he will apply for an IR-1 visa. Only then he will formally learn that his petition is being denied based on the 10-year bar he triggered when leaving the U.S. after being unlawfully present for 1 year or longer after his 18th birthday, which is when the clock starts ticking.

There are only 2 options:

1) Put aside $8K for an immigration attorney who is specialized in I-601 and I-212 waivers, such as Laurel Scott.

2) Do not leave the U.S. but wait for some form of the DREAM Act to become law. It's anybody's guess if and when that will happen, but mine is in 2013 or 2014 during Obama's second term when he doesn't have to appease the fat cats anymore.

See bold above. It is his visa application, not HER petition that will be denied. Otherwise, right on the money.