I-485 will be denied -- Deportation Waiver

J

johnc65

Registered Users (C)
Hello - I posted recently regarding my chances of adjusting status from within the US, and it doesn't look good. I ented the US illegally 7 years ago and have an approved I-130 and was debating whether to file the I-485. I have two young US citizen children and a US citizen wife, all of which are completely reliant on me for financial support. I own a construction business and have paid taxes every year in the US, and have never been arrested.

I know that my I-485 will likely be denied if I file due to my illegal entry. The reason I am still thinking of filing it is that once it's denied and I go into removal proceedings, I would like to apply for witholding of removal so that I may someday obtain LPR status. Thw waiver would be based on my children and spouse's situation of hardship if I were deported. These are my questions:

1) What chances do I have of being successful in the waiver? I believe the hardship is significant, but I'm not sure if I'm even eligible for it b/c of my illegal entry.

2) Is there a better way to do than than actaully filing the I-485 and waiting for it to be denied? I ask because the filing fee is so high and I know it will be denied anyway. I just want to have an opportunity to get the witholding of removal / waiver/ whatever is potentially available to me.

Thanks so much for any input.
 
johnc65 said:
Hello - I posted recently regarding my chances of adjusting status from within the US, and it doesn't look good. I ented the US illegally 7 years ago and have an approved I-130 and was debating whether to file the I-485. I have two young US citizen children and a US citizen wife, all of which are completely reliant on me for financial support. I own a construction business and have paid taxes every year in the US, and have never been arrested.

I know that my I-485 will likely be denied if I file due to my illegal entry. The reason I am still thinking of filing it is that once it's denied and I go into removal proceedings, I would like to apply for witholding of removal so that I may someday obtain LPR status. Thw waiver would be based on my children and spouse's situation of hardship if I were deported. These are my questions:

1) What chances do I have of being successful in the waiver? I believe the hardship is significant, but I'm not sure if I'm even eligible for it b/c of my illegal entry.

2) Is there a better way to do than than actaully filing the I-485 and waiting for it to be denied? I ask because the filing fee is so high and I know it will be denied anyway. I just want to have an opportunity to get the witholding of removal / waiver/ whatever is potentially available to me.

Thanks so much for any input.
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You are eligiable for waiver. You need a good attorney to prepare your I-601 waiver. Since you have wife and kids you should be able to get waiver.
 
Have I been in the US long enough to qualify for the waiver (7 years)? I've heard that the waiver only applies if I've been here for 10 years.

tammy2 said:
You are eligiable for waiver. You need a good attorney to prepare your I-601 waiver. Since you have wife and kids you should be able to get waiver.
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