Question about I-130 and possibly a pardon?

[EiRamirez93 0]

I just got married and I'm about to get everything together to send in the I-130 for my husband in Mexico. My first question is: On the I-130, question 16 says "Has your relative ever been under immigration proceedings?" There are options for a.) Removal b.) Exclusion/Deportation c.) Rescission d.) Judicial Proceedings

I'm unsure how to answer this question because since my husband has been in Mexico, he has tried to come across the border illegally and has been caught at least three times in the last year. He has always been brought back to Mexico the next day...So, would that mean I put "Removal" for my answer? Or nothing at all? He's never had to go to court for any of this...again, not really sure he would anyway? I'M SO CONFUSED BY THIS QUESTION

Alsoooo, because he has been caught at the border three times, I was told to have him write a letter that goes along with his I-130 explaining why he first came to the US, admitting he was living in the US undocumented, and that he apologizes for trying to reenter the country illegally and the reasons for doing it again. Is that something that happens? We're just confused on what exactly he needs to write because I imagine that will greatly impact the decision they make on this application.

Any help is appreciated!

[Ryan H 3,813]

Alsoooo, because he has been caught at the border three times, I was told to have him write a letter that goes along with his I-130 explaining why he first came to the US, admitting he was living in the US undocumented, and that he apologizes for trying to reenter the country illegally and the reasons for doing it again. Is that something that happens? We're just confused on what exactly he needs to write because I imagine that will greatly impact the decision they make on this application.

I don't know the proper answer to your other question and don't want to guess but I can answer in regards to the above.

The I-130 is your petition, not his; any letter he writes is completely worthless and carry no weight. If he is inadmissible and requires a waiver, then the waiver process cannot be started until a visa has been denied.

[EiRamirez93 0]

I don't know the proper answer to your other question and don't want to guess but I can answer in regards to the above.

The I-130 is your petition, not his; any letter he writes is completely worthless and carry no weight. If he is inadmissible and requires a waiver, then the waiver process cannot be started until a visa has been denied

So, I'll know if he needs a waiver if the I-130 is denied? I'm confused.

[Ryan H 3,813]

So, I'll know if he needs a waiver if the I-130 is denied? I'm confused.

I was referring to a visa denial after an interview at the Consulate.

[NigeriaorBust 4,087]

Your husband needs some serious help, more than most here know about , VJ is for straight forward cases or minor twists. There is a site immigrate2us.net that is a gather of folks with problem paths.

[EiRamirez93 0]

Your husband needs some serious help, more than most here know about , VJ is for straight forward cases or minor twists. There is a site immigrate2us.net that is a gather of folks with problem paths.

Thank you! I've already looked around a bit on that site and I've already found cases similar to ours!

[Eric & Idalia 56]

I just got married and I'm about to get everything together to send in the I-130 for my husband in Mexico. My first question is: On the I-130, question 16 says "Has your relative ever been under immigration proceedings?" There are options for a.) Removal b.) Exclusion/Deportation c.) Rescission d.) Judicial Proceedings

I'm unsure how to answer this question because since my husband has been in Mexico, he has tried to come across the border illegally and has been caught at least three times in the last year. He has always been brought back to Mexico the next day...So, would that mean I put "Removal" for my answer? Or nothing at all? He's never had to go to court for any of this...again, not really sure he would anyway? I'M SO CONFUSED BY THIS QUESTION

Alsoooo, because he has been caught at the border three times, I was told to have him write a letter that goes along with his I-130 explaining why he first came to the US, admitting he was living in the US undocumented, and that he apologizes for trying to reenter the country illegally and the reasons for doing it again. Is that something that happens? We're just confused on what exactly he needs to write because I imagine that will greatly impact the decision they make on this application.

Any help is appreciated!

There are some things to verify:

You said:

"he has tried to come across the border illegally and has been caught at least three times"

then you said (in another comment that) he was living illegally in USA, so he was caught while trying to cross OR after crossing and living in USA?

He should know how the officers call it: deportation or removal. Because they let them know.

Also when he was caught, did he ever say he was a US citizen?

Did he live in the USA for more than a year at any time before?

Edited July 14, 2015 by Eric & Idalia

[jan22 3,056]

The explanations aren't usually needed during the I-130 process. The petition merely establishes that the required relationship exists (i.e., that you are married). The overstay and attempted re-entries will become an issue during the visa application process. Reading between the lines, I'm guessing that he was "unlawfully present" in the US for more than a year and/or was deported for some reason. If so, because of his attempted re-entries he will most likely be found ineligible under 212(a)(9)© of the INA. If so, there is a waiver available -- but, unfortunately, it can't be applied for until 10 years after the last departure from the US (usually calculated as the last time he attempted re-entry and was turned back). Depending on the reason he left/was removed from the US in the first place, there may be other ineligibilites that would also require a waiver. One that can't be waived even for a spouse is if he made a false claim to be a US citizen to any official. Yours is a case that might benefit from a consultation with a good immigration lawyer -- being sure to present all the information about his time in the US and the attempts to re-enter.

And, BTW, in answer to your original question, the attempted re-entries would likely be "recissions"; don't know about his original departure from the US, if he was removed or left on his own with no interaction with immigrationn officials.