Me-US Citizen / Wife-Illegally in US from Mexico

You need to consult an immigration attorney.

Usually an alien who entered without inspection is not allowed to apply for a Green Card, even if they are married to a US citizen. If there is any way around this you will most likely need a lawyer to find it.
 
Yes, you can file an i-130,i-485, and 1-765 for you wife. Upon getting an interview your wife will be denied her visa, then you will need to file an i-601 waiver. In the waiver you have to prove Extreme hardship to you if your wife is not granted the visa, and since your child as a defect, you have a good case. My advise to you is to file those paper work asap. Good luck, and Godspeed
 
malakai1104 said:
Yes, you can file an i-130,i-485, and 1-765 for you wife. Upon getting an interview your wife will be denied her visa, then you will need to file an i-601 waiver. In the waiver you have to prove Extreme hardship to you if your wife is not granted the visa, and since your child as a defect, you have a good case. My advise to you is to file those paper work asap. Good luck, and Godspeed
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Hi:

Again, I am curious as to your evaluation of her case. Based on the facts she gave, I would not even vouch to guess how good of a case she has. None of the crucial data was supplied.

I will make this comment: the OP should see an immigration attorney in her area before she submits any applications.
 
Your riht he should consult a lawyer, but i find most lawyers to be a waste of time and money. I know of a few EWIs' how have gone through the process and some are still going through it, and thats what they have done. Is wife is an immediate relative, so i believe that once they deny her visa in the ivterview they will informed her about the i-601 waiver that she needs.

check out immigrate2us.net

i could also be completely wrong, but i would rather have some kind of petition for me...than worring about ICE.
 
You 'll have your hands full...

Abraham,

I am not a panglossian avatar in the vein that malakai1104 appears to be, because your case is loaded. :rolleyes: You will need a competent immigration attorney, skilled in dealing with this complex case which you are about to present to USCIS. However, to USCIS this case is simple and straight-forward, she can't adjust her paperwork in the US as she is a EWI.

It appears that Malakai has had bad experiences with immigration attorneys, hence his or her judgment is skewed about possible involvement of counsel in your case. The case is simple: Any EWI can't adjust their status in the US, because what status are they adjust from? The simple rational behind AOS is this: a person was issued a visa abroad and visit the US or come to study here, decide to overstay their visa and work illegally, or whatever the reason is. So, once they marry an american citizen, they are ADJUSTING from a previous status (student, tourist, ect) to LPR. However, USCIS's point is that an EWI will adjust from what status? An EWI is that, he or she has no status with the US govt. I hope you understand this rationale, which it appears most people forget or don't care for.

Your wife will have to adjust her status in Mexico. However, no matter you do, don't let your wife leave the US. Once you file all the paperwork, even if you are called for an interview and an immigration officer gives you an assurance that she can return to Mexico and her GC will be approved there, thank the officer, but never let her leave the US. Once she leaves, you are going to see her in 2017. She is going to be banned for 10 yrs. However, if you can employ counsel who is experienced and deals with I-601 waivers, then that lawyer can apply for such a waiver before you file the paperwork and see how USCIS will deal with your case. A dossier of medical reports regarding this birth defect of your child could sway the immigration officials into approving this the waiver. However, there are no guarantees when it comes to these waivers.

I wish you all the best, especially for your child. I hope the surgery restores her to a child who will have a normal life, experiences all the joys a child should.
 
I know a great attorney...write me a private message if you want me to refer you. This is of course if you life in SOCAL...if not he is even very helpful over the phone...
 
Thanks everybody for your responses...one last thing...

When she was 17 y/o she attempted to cross the border without inspection but was caught, index fingerprinted and had to give her name. She was actually attempting to cross to find her father who she had not seen in years.

She reattempted to cross the next day...

Now she's been here and has not had any dealings w/ Immigration...

Thanks...
 
malakai1104 said:
Your riht he should consult a lawyer, but i find most lawyers to be a waste of time and money. I know of a few EWIs' how have gone through the process and some are still going through it, and thats what they have done. Is wife is an immediate relative, so i believe that once they deny her visa in the ivterview they will informed her about the i-601 waiver that she needs.

check out immigrate2us.net

i could also be completely wrong, but i would rather have some kind of petition for me...than worring about ICE.
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Hi:

Your personal experience with/opinion about lawyers should not cloud your judgment. There are many very good attorneys out there, and if she wants to have a decent shot at the I601, she is likely going to need one.
 
I wonder if the following:

Under INA 212(a)(9)(B)(ii)(I), ("9B1") "no period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence . . . "

...means that since my wife was caught by Immigration at the border and then released...and then re-entered US w/out inspection before her 18th birthday means that this would not be counted against her in the sense that she could in fact submit a waiver of inadmissability, I-601
 
abearmenta said:
I wonder if the following:

Under INA 212(a)(9)(B)(ii)(I), ("9B1") "no period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence . . . "

...means that since my wife was caught by Immigration at the border and then released...and then re-entered US w/out inspection before her 18th birthday means that this would not be counted against her in the sense that she could in fact submit a waiver of inadmissability, I-601
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Hi:

That is not what this particular provision means. However, she may very well be eligible to file I601 ---- please take the advice and see an attorney in your area. This is not something appropriate for do-it-yourself.
 
abearmenta said:
I wonder if the following:

Under INA 212(a)(9)(B)(ii)(I), ("9B1") "no period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence . . . "

...means that since my wife was caught by Immigration at the border and then released...and then re-entered US w/out inspection before her 18th birthday means that this would not be counted against her in the sense that she could in fact submit a waiver of inadmissability, I-601
Click to expand...

The problem is that how can you and your wife proves that she re-entered before her 18th birthday? It's going to be a he-said-she-said situtaion. Without proof, your wife is here illegally. Yes, I know that everyone is innocent until proven guilty. USCIS, Border Patrol and Customs will have prove that your wife is here illegally because they have no record of her entry. How are you going to counter that she entered when she was 17?

These are all retorical questions. These are the questions and considerations you need, in order to decide if you want to retain a lawyer.

I understand this is a tough situation, and my advice is the same as pianoplayer: get a lawyer. You can use the referral service American Immigration Lawyers Association (AILA) has. If you decide to retain a lawyer, please make sure he/she is a member of AILA. I got my lawyer through AILA referral, and I do not have any complaints with my lawyer. In fact, he went extra miles to help us; not to mention his rate was much lower than the "street" price for a spousal AOS. You don't have much time to spend on the process, and you have a lot to lose if your application is denied. To maximize your effort and chance of approval, you should retain a lawyer.
 
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