Please Advice

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Largolargo

Registered Users (C)
I recently married a US Citizen and I want to know what's the timeline I am going to face.
I am from Mexico, been living in California since Dec 99, I have a 5 yeard old US Citizen son from a previous marriage here. On Sep 01 I went out of the country for business, on the way back crossing illegally I was caught and sent back to Mexico, I was able to come in on the second time I'd try.

If i have to ask for a pardon how long is the process?( I understand it takes 6-8 months if I didn't have any deportations)
 
Largolargo said:
I recently married a US Citizen and I want to know what's the timeline I am going to face.
I am from Mexico, been living in California since Dec 99, I have a 5 yeard old US Citizen son from a previous marriage here. On Sep 01 I went out of the country for business, on the way back crossing illegally I was caught and sent back to Mexico, I was able to come in on the second time I'd try.

If i have to ask for a pardon how long is the process?( I understand it takes 6-8 months if I didn't have any deportations)
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Having entered the US illegally and without inspection you are subject to deportation. You cannot apply for adjustment of status even if you're married to a USC.
Actually, as soon as you file your paperwork, deportation procedure will be initiated.
You might have to go back to Mexico and wait until your son turns 21, but even then I'm not sure if you would be admitted since you entered the country illegally and you have been caught and arrested.

The law might change (let's not start to argue if this is right or not) in the near future, but as per now you have no option.
 
Largolargo said:
I recently married a US Citizen and I want to know what's the timeline I am going to face.
I am from Mexico, been living in California since Dec 99, I have a 5 yeard old US Citizen son from a previous marriage here. On Sep 01 I went out of the country for business, on the way back crossing illegally I was caught and sent back to Mexico, I was able to come in on the second time I'd try.

If i have to ask for a pardon how long is the process?( I understand it takes 6-8 months if I didn't have any deportations)
Click to expand...

I infer from the facts that you entered without inspection the last time you came into the US, i.e. you entered illegally. Correct me if I understood you wrong. Also, was your previous stay in the US illegal - were you out of status?

You may face two big problems:
1. If your presence in the past constituted overstay, you may have a long ban on entering the US. Marrying a USC will not necessarily overcome this.

2. If you in fact entered illegally the last time you came back, you are not
eligible to adjust status in the US. You would have to leave, and when
you do, you could incur the ban situation again.

There are limited options, but basically you are in a lot of trouble.
 
Thank you for responding quickly

Does it matter that i had a (I-130) Petition from my previous marriage, it was filed on Feb 99
 
Largolargo said:
Thank you for responding quickly

Does it matter that i had a (I-130) Petition from my previous marriage, it was filed on Feb 99
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I don't know ---- you do not provide enough facts. An I130 is not enough - did you file a I485 with it?

Even so, if you entered illegally the last time, you cannot adjust status now and would have to leave. When you leave, you will probably incur a long ban ( 3 or 10 years depending on overstay).

I suggest you consult with an immigration attorney before you do anything. Make sure you tell him/her everything ---- what your status was when, when you travelled etc. etc. I doubt whether he/she will tell you any different, but you could explore any waivers ---- small chance though.
 
Largolargo said:
Thank you for responding quickly

Does it matter that i had a (I-130) Petition from my previous marriage, it was filed on Feb 99
Click to expand...

That petition has been withdrawn or canceled since you're not married to that person anymore.
Plus, having entered illegally would never allow you to adjust status anyways.
 
sarrebal said:
That petition has been withdrawn or canceled since you're not married to that person anymore.
Plus, having entered illegally would never allow you to adjust status anyways.
Click to expand...

I agree with this. The reason I questioned the OP about the first petition was merely to find out if her first entry was legal or not and if she incurred any overstay at that time. However, as you and I pointed out, her subsequent illegal entry likely makes all of that irrelevant.
 
Well, thank you, no need to say anything else. I do have a lawyer and I'll keep you posted on the outcome of my case.
 
I think you might be eligible for 245(i) because you applied for I-130 in 1999. They grandfather aliens who applied before April 2001 if the petition was aprrovable.Whether it is applicable in you case, I am not 100% sure because you got a divorce. I know they grandfatrhe all aliens who applied for either Labor certification or I-140 even if they lost the jobs cuz when they applied the cases were genuine and approvable.
 
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Hopeless

Largolargo said:
Well, thank you, no need to say anything else. I do have a lawyer and I'll keep you posted on the outcome of my case.
Click to expand...

Largo,

Your lawyer is screwing you for $$$$. You cannot adjust your status in the US, period. Unless you receive a presidential pardon for breaking up a terrorist plot in your state, you have to leave and go back to Mexico :eek:

You can actually hire the law office of Sec. Jim Baker, even with him, you cannot adjust your status. The sooner you leave the US to start new life in Mexico the better.... ;) You need to prepare to come in 2017, cause you are subject to a 10 yr ban.... :confused: We are offering you unvanished truth, because instead of wasting money on your lawyer, save it and use to see that your boy is taken care of while you out of there. I know it is not a lot of money, but at least, what's the point of wasting it on an attorney? :cool:

Applying for a waiver of inadmissibility on your impending bar, it won't be granted by the Attorney General, AlJorge GoBUSHALEZ. The probability of such a waiver being granted are 1 in a trillion.... :rolleyes: Nada. The statute is clear: Any Entry Without Inspection (which you are) cannot adjust their status in the United State of America. Only people who were inspected by an immigration officer at POE can adjust their status without leaving the United States.... :rolleyes: In your case, which status would you be adjusting from? You have no status, and the US govt has no knowledge of you being in the country.... :cool:
 
After reading the negative replies to my post Today I am happy to say that I received my EAC just (2) weeks ago, I had my interview on 07.17.07, I-130 was approved and I am waiting on IP, The officer and my lawyer said I should received my GC in mid August, so far everything has been moving smoothly I hope it stays that way. What do you think, Do you think I am gonna have to wait more than 2 weeks?
 
Man, I'm so happy for you. It was so sad reading all these negative replies. Also your case makes me not wanna trust this forum anymore.
 
Congratulations!! Could you please enlighten us how did you do that?
As for Al Southner - maybe you should go back to that law school before jumping at people like that.
 
Al was right. Did the officer ask you for a proof of entering the US with inspection? Were there any waivers you had to apply for?

What is IP anyway?

I-130 is approved based on the relationship. We never said it wouldn't be approved.
 
He asked me when was the last time I'd enter the United States and how, I filed 1-485, I-130 and I-765 all the same time.
the for he gave me at the interview (I-72) says:
IP pending, you will be notify by mail when IP is completed.
I am not nailing anybody here, I am just glad my situation is looking better after 17 years of living here, I think i deserve it.
 
form I-72 --- a Request for Further Evidence (Form I-72)?
what did he request? proof that you entered legally???
 
She can not have AOS in the US. She would have to go to Ciudad de Juarez for a waiver. Some cases get approved some dont
 
:) Congratulations Largo. They say, never rely on any one man completely but GOD.

I guess miracles do happen.

Good Luck.
 
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