Form I-130 approved. What Next for Illegal Alien Wife

M

michelo76

New Member
Hello to all,
I have a couple of questions for you guys.
First a little background on my case:
I filed the I-130 for my wife back in September 2002, we received a receipt in December of that same year from the Texas Service Center. Back when I filed I was a LPR and have since become a USC. My wife however came to this country illegally (without INS inspection in 1998 with just her Haitian passport), she never had a visa and was not processed by INS. We did receive an approval from USCIS in 2005 and that the case was sent to the NVC for further processing. At the moment the case is still being processed as though I am still a LPR (I doubt that USCIS updated my status with NVC). Here are my questions:
1- Since my wife was not processed, was not in possession of an I-94 and had no return date is she still subject to the 10 year ban? If she is can I file a waiver (I-601)? Because if she has to go to Haiti it will cause extreme hardship for our 4 year-old son and me. (the reason I ask is that I heard the 10 year ban is for overstaying a visa, but if one does not have a visa to begin with…)
2- Somebody mentioned that I need to update my citizenship; do I do that with NVC the Texas Service Center which processed the I-130.
3- Do we file the waiver and still go to Haiti and get the visa or do we file the waiver and file for adjustment of status here?
4- How long do any of those things usually take?

I know I have asked a lot of questions but I am grateful and very appreciative of any help.

Thank you so much and God bless you all.
 
michelo76 said:
Hello to all,
I have a couple of questions for you guys.
First a little background on my case:
I filed the I-130 for my wife back in September 2002, we received a receipt in December of that same year from the Texas Service Center. Back when I filed I was a LPR and have since become a USC. My wife however came to this country illegally (without INS inspection in 1998 with just her Haitian passport), she never had a visa and was not processed by INS. We did receive an approval from USCIS in 2005 and that the case was sent to the NVC for further processing. At the moment the case is still being processed as though I am still a LPR (I doubt that USCIS updated my status with NVC). Here are my questions:
1- Since my wife was not processed, was not in possession of an I-94 and had no return date is she still subject to the 10 year ban? If she is can I file a waiver (I-601)? Because if she has to go to Haiti it will cause extreme hardship for our 4 year-old son and me. (the reason I ask is that I heard the 10 year ban is for overstaying a visa, but if one does not have a visa to begin with…)
2- Somebody mentioned that I need to update my citizenship; do I do that with NVC the Texas Service Center which processed the I-130.
3- Do we file the waiver and still go to Haiti and get the visa or do we file the waiver and file for adjustment of status here?
4- How long do any of those things usually take?

I know I have asked a lot of questions but I am grateful and very appreciative of any help.

Thank you so much and God bless you all.
Click to expand...

1. Your wife can not adjust status here because she was not inspected/paroled into the country. She will have to return to Haiti for interview and file i-601 waiver. If it is approved she will be allowed to return. The is a good forum here that deals with i-601 almost exclusively.

2. I dont think you have to update your citizenship for anything now since you not applied for any further benefits.

3. Your wife can not file i-601 waiver until the visa interview. The visa will be denied due to EWI and then you can file the waiver right away. You wife will have to leave to the country to go to visa interview and the waiver if granted, she will get her visa and be allowed to return.

4. Depends on the country but it generally takes at least 1 year.

The only way for your wife to AOS in the country is through cancellation of removal. That means ICE moves to deport her and she applies for COR before IJ. She will have to have been in the US for at least ten years, have no criminal record for the last 10 years immediately preceding application and will have to prove that you and/or your son will suffer exceptional and extremely unusual hardship if she is deported. The standard for COR is very high and it is very rarely granted. You need to talk to a very good attorney
 
Last edited by a moderator:
Thanks AzBlk for the prompt and very informative reply.

I figured as much. There is talk that The Obama administration might Grant TPS to Haitian Nationals due to the 3 storms that ravaged Haiti; in that case would she be able to file AOS here or it is still the same?
I know with TPS she will be allowed to work and have a SSC, but once TPS expired she would be back to being illegal.
Of course all this is purely speculative since there is no TPS yet.
 
michelo76 said:
I figured as much. There is talk that The Obama administration might Grant TPS to Haitian Nationals due to the 3 storms that ravaged Haiti; in that case would she be able to file AOS here or it is still the same?
Click to expand...
It is highly unlikely that TPS would be granted to those who already were in the US illegally for years before the storms hit Haiti.
 
Yes she would be would be able AOS is she was granted TPS. However no one knows if/when TPS will be granted to Haitians
 
You must log in or register to reply here.
Top