GC through Suspension of Deportatioin

P

ponti

New Member
Hi,

I am a long time reader, first time poster. Seems like there are a lot of good people on this forum with some good advice.

My wife will have been here 10 long years coming up on July 20th, and we heard somewhere that since she is married to a USC(me) she can petition to an immigration judge and apply to have her GC.

She has never been in any trouble, no arrest, traffic tickets, nothing.

What happened was, is when she was 13 her Uncle kidnapped her from her home in southern Mexico and took her to northern Mexico. Well late at night she thinks they drugged her and when she woke up the next morning she was in the US. There he held her captive and wouldn't even let her leave the house for about three years, and would rape her repeatedly. One day she escaped from the house in Cali and found a police officer and told the two officers what was happening, but they didn't believe her and returned her to the house that she was just held captive in!!!!

When she was finally 16 she was able to escape with the help of some family of the Uncle and moved to Modesto, where she was able to get into school and start a half ways normal life.

My question is I guess. If she petitioned to the court she really wouldn't have any tangible proof to show that she was here at 13 because her uncle wouldn't let her leave the house, and the police that she tried to contact one day didn't even file a report, we tried checking but there is no record since they just returned her to the house. Do you think her case would have a chance?

We don't want to chance petitioning for it and then getting denied and she has to leave.

Any experience and insight would be helpful. Thanks
 
You mention deportation... However, from what you wrote, she is not under an order a deportation. Is that correct? Basically she is just here illegally and entered illegally?

If so, you most likely will have to return to Mexico and file a 601 waiver since she entered without inspection (EWI). This forum has a very active 601 section:
http://www.immigrate2us.net/forum/index.php
There are more steps involved such as 130 first but the forum above will guide you.

However, before doing anything (except consulting with an immigration lawyer) I would wait and see if anything comes out of the current immigration legislation. That might be your best hope.
 
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You are correct, she is not in deportation. We will probably consult an attorney before we do anything, just wanting to get peoples advice, opinions, experiences.

Another person said that if they are not in deport. proceedings to just go and ask for a notice to appear.

Thanks Again.
 
Since she is here illegally caz she just came across the border you have to file in addition to I-130, I 485 , I 485i , the last one is for people who have stayed illegally or came illegally it has a fine of $ 1000 that you need to pay when you submit you AOS to INS.

You dont need to go to a judge. Since you are a USC, her illegal stay will be forgiven. So get all the documents together and once you are ready go to a GOOD attorney and he will take care of it.. I dont see any issues except back taxes and background check. If she was into prostitution or something like that that will cause the app to be denied immediately.
As for 601 waiver, if you have a good attorney and can show reason like fear of harm b/c of going back they let you stay here... but this is a case def where you need an attorney.

Hope this helps...
 
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bsp01, read the instructions of what you just said. That issue does not apply anymore if the person does not have a petition filed in their behalf before April 2001 which is long gone.

"How Do I Benefit From Section 245(i)?

NOTE: Since April 30, 2001, you cannot qualify for 245(i) benefits, but you may be eligible if your visa qualification petition was previously filed. See the "Who is Eligible" section."
 
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