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Found 6 results

  1. Hello everyone, So I am a natural born US citizen. I married my husband 12/2006 he is an undocumented immigrant from Mexico. We have 2 daughters together and I have 2 sons from a previous relationship whom he treats as his own. So I'm basically wondering if anyone can relate to our situation has done the papers and how thier process went? 2004: He crossed the border illegally to US 2005: he went home on a plane to mexico on his own for funeral 2005: he attempted cross, was caught and released - no deportation 2005: made it across border 2006: we married 2007 had daughter #1 2014: daughter #2 We never filled out papers because we were told to wait for a reform, and here we are almost 12 years later no reform. I'm not sure if he can qualify for a waiver? I work, have a good job so supporting him is not a problem. He also works, pays his taxes so that helps. He boss is willing to help if he can. Hardship: my 2 son's father will not let me take them to Mexico. Our 1st daughter has been medically diagnosed with anxiety, and sees counseling for that. My job won't allow me to move to Mexico. I obviously will be under extreme stress and have to apply for daycare assistance, food assistance, have to move if he would have to go as I'll be out his income (he does construction). Not sure what else they'd look for for a hardship waiver and if he can really apply for it? Any advice, experiences anything will help just frustrated with all this stuff.
  2. Hello! My Husband had his immigrant visa appointment in Ciudad Juarez in November and was denied. We submitted the I-601 waiver and an expedite request and it was all approved on February 8th at USCIS. The consulate in Juarez took their sweet time in contacting us but a month later they sent a letter requesting us to send them nothing else but his passport. From everything I have read online this means that we should be close. We shouldn't have to do the medical appointment or fingerprints again because it is all within 6 months of the time of his previous appointment and denial. We mistakenly thought we were supposed to hand-deliver his passport so we came up to Juarez and have been waiting around hoping for our approved visa and packet, but at the CEAC site it still shows REFUSED. We call the hotline daily asking if they have more information but all they see is that the passport was received at the consulate on March 23rd. They tell us to keep calling. It has been over 2 weeks now since they received the passport, but only 8 business days due to la semana santa. Our lawyer called the hotline in the US and they said that average processing of the passport is 2 weeks, but it could be more, and they could still request more documents. However, people online have mentioned it taking only a week to get their approved visa and packet after the consulate in Juarez received their passport. I've only seen one person say that they sent in the passport and were waiting 2 months later. Should we assume that they're going to potentially sit on the passport without doing anything for another month or two and just pack up and leave, or continue to wait another couple business days and hope that they should be sending it out any time now? It feels like we're so close but we've been here in Juarez since March 18th and with our two young children (1 and 3) it has been really hard on us, not to mention having to pay for the room we're staying in. Thanks for any insight.
  3. Hello, Without going into too many details, here is the situation: My girlfriend was subject to expedited removal by CBP under a tourist visa, with the following code for removal: 212(a)(7)(A)(i)(I). Since she was removed, she also incurred the 5 year ban under: "212(a)(9) of the act". My questions: I understand that currently, a 212 waiver will need to be approved and can possibly be submitted in conjunction with a K-1 application. Is that correct? From what I have been reading, since there was no fraud and misrepresentation charge on there, then there is no need to file a 601 waiver currently. Is that correct? Even though there is no fraud and misrepresentation charge now, could that possibly be determined later on in the process by someone else? -- i.e. could "intent to immigrate" be considered fraud of a material fact under a tourist visa, and a 601 waiver be required at another point in time? I appreciate any answers that can be given.
  4. So it appears I need to file I-601 Waiver after being refused visa on grounds of inadmissibility due the over stay. 10-year ban. Also, would need to return previous green card. with that I'm having an issue. The I-407 form clearly states I have no immigration intents, but I do, that's why we're in the process. So if I mail in my previous green card with signed 407, is it sure it wont null and void our current application? I tried requesting clarification on this from USCIS, but they wouldn't say a thing about it. About the hardship, we have 2 kids, my husband (USC) has been our sole provider for the last 8 years, he's due to deploy within few months, and our first born is in the speech therapy with active IEP, and if he's moving to my home country, he's education with suffer greatly. He doesn't speak the language at all, and, with his speech delay, I am not sure how quickly and easily he could pick up the language anyway. Teaching would be in this foreign language, because we can't afford the private school. My home country has very high unemployment rate, and I have been away from here and from the workforce for a decade, so it's really difficult to find a job. Our youngest is barely a year old, and I can't afford putting her to daycare because cost is too high without well paying job. I am in the process getting dx for serious autoimmune disease, but can't provide much of any papers of it because like said, i am struggling to get it diagnosed, and I don't have access to the previous medical reports from the last few years, so I can't even provide documentation of known complications. With all this going on, both me and hubby are over stressed, depressed and quite frankly, overwhelmed, and can't afford a good lawyer to file the waiver, so I need to put it together myself. Any advice and thoughts? And no, I do not need a lecture about it all being our own fault. We know wee screwed up, but there's a whole bunch of stuff that has happened and delayed the visa filing in timely manner which then resulted this situation. So if your only contribution is to insult or get stuck with what led to this, then please don't even reply.
  5. I have a relative that is currently in removal proceedings. Since I am very close to this person, I have been doing lots of research on her situation, but I seem to be going in circles at this point. I am trying to find her a lawyer, but I would love to have the privilege to get some input from the helpful folks on this forum. Background: She has been in the U.S. for almost 20 years now. She married twice (both to U.S. citizens). She has USC children with the second spouse only. Her marriage to the first USC is the basis for her removal. She was issued an NTA back in 2012 with no date specified. The NTA states that she is removable under section 237-a-1-d-1, due to her being "inadmissible" under section 212-a-6-c-i for "willful misrepresentation". The charges are quite severe: it looks like the DHS is accusing her first marriage to be fraudulent and done to gain immigration status. I am aware that she will be permanently barred from the U.S. with few or no forms of relief available if she is adjudicated of these charges. However, I am uncertain whether she should try to fight to charges or accept the charges and file for relief (if any). Around the same time that her NTA was issued, her current USC spouse filed an I-130 on her behalf. The application has basically been stuck in limbo, with the last update 3-4 years ago. I’m not sure if this is a good or bad thing; whether it is delaying her deportation or lower her chance to adjust her status (and cancellation of the removal). If she has no chance to stay in the U.S., then she hopes to at least delay the proceedings until her child goes to college (4 more years). I am honestly not certain of the authenticity of the accusations - whether or not her first marriage was bona fide. She obviously will not tell me. But based on what she's told me so far and the documents she has to support her first marriage (basically several years of tax returns, bills, and photos), I would say she does not have an amazing chance at fighting this charge. Regarding hardship, her current spouse is retired and they have USC children together. To me, she would have a slightly better chance with filing a waiver on the basis of hardship for her spouse. But I've been told that a fraud charge is almost death sentence for these types of cases, so I am not so sure. Please let me know if you have any input on her case, especially if you have gone through the waiver process with the charges she has.
  6. I'm trying to find out if my husband has any options to apply for any waiver or if he must wait outside the US for 10 years before applying. He is a Mexican citizen. He first attempted to cross illegally to the US in 1999; he was 15 years old. He was caught and fingerprinted, but sent back within a few hours as a voluntary departure or return. He waited a few weeks and crossed again without being caught. He was in the US from 1999 (15 years old) to 2003 (19 years old). In 2003, he went home for 6 months. At this time, he was 19 years old. After staying in Mexico for the 6 months, he attempted to cross again and was caught again. Basically the same deal as last time, he was caught and fingerprinted; they were going to set him to go before a judge, but the NTA was cancelled due to overcrowding, so he was sent back as voluntary departure again. A couple of months later he crossed and was not caught and has been in the US since 2003. My question is complex because I've read that voluntary departures don't count as illegal entries, rather attempts, is this accurate? I've read two sides to this, so I'm not sure. Then, I've also read that any time accrued, while a minor doesn't count. So if the following statements are true, does that mean the only time that counts is when he crossed illegally at 19 years old in 2003 and wasn't caught, so he has accrued over a year of unlawful presence, which I believe automatically makes him subject to the 10 year bar, but I'm not sure if the voluntary departures make him subject to the permanent bar and he must leave the US for 10 years before applying for anything. If what I read was incorrect and the voluntary returns do count as illegal entries, is this true while a minor as well, or only the time he was 19 and caught and then 19 and returned to now? If only when he was 19, do these two make him subject to which bar? Sorry if I'm not explaining this well. At the end of the day, we just want to know if he has any options given his history.
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