Questions about removal - please help

K

Katherine22

Registered Users (C)
Hi all,

My husband entered the US illegally in 2002 and has lived here ever since. I am a US citizen and we have 3 young children together (both US citizens). I filed form I-130 on behalf of my husband in 2003 and it was approved.

I know that if I file I-485 for him he will be denied because he crossed without inspection. At this time I assume he will be put into removal proceedings. Still I want to file for him because I hope for him to get a waiver (cancellation of removal?) based on hardship to our children and myself. Here are my questions:

1 - Will my husband be detained by immigration upon I-485 denial?

2 - Does he have a chance at getting removal cancelled due to hardship, or does he not qualify in that he's only been in the US for 5 years?

3 - Is there a better way to seek this waiver than to file the I-485 and wait to be put into removal? I ask because the filing fee is so high.

Thank you, I am kind of lost right now and we face a big decision. I know some people might think it's better to stay without status, but that's getting really difficult. :confused:
 
you right, you will need to file i-601 waiver, but your husband will have to go back to home country and wait whole time there
 
From what I heard from other people, there is a very slim chance for
him to get back if he lives the country. He is already in ten years
ban, because he outstayed for more than a year. Even when the ban
expires, they won't let him in.
Hardship usually means
that the US spouse is dying. That is the only "hardship" they
consider.
There was a woman here who could get her Italian husband back only
when she was in a hospital, dying from heart attack. Before, she
struggled for six years, trying to get him back.
His family being without support does not consider as a hardship. They
usually tell the US spouse to go and live with the non-US spouse in
his/her country.
Before you do anything, please, ask a good immigration lawyer. Only he
will be able to tell you if there are any chances of him being
approved.
It will be VERY difficult to get him back to the US.
Good luck.
 
Thank you. Only my husband is still in the US and is not yet in removal proceedings. The waiver would be to "cancel" the removal or something if possible.

deport said:
From what I heard from other people, there is a very slim chance for
him to get back if he lives the country. He is already in ten years
ban, because he outstayed for more than a year. Even when the ban
expires, they won't let him in.
Hardship usually means
that the US spouse is dying. That is the only "hardship" they
consider.
There was a woman here who could get her Italian husband back only
when she was in a hospital, dying from heart attack. Before, she
struggled for six years, trying to get him back.
His family being without support does not consider as a hardship. They
usually tell the US spouse to go and live with the non-US spouse in
his/her country.
Before you do anything, please, ask a good immigration lawyer. Only he
will be able to tell you if there are any chances of him being
approved.
It will be VERY difficult to get him back to the US.
Good luck.
Click to expand...
 
I think they will deport him, sorry. It's my opinion, of course, and
I think that they refuse all your wavers. Look for cheap lawyers at
where you live and ask them to estimate what will happen. There might
be even free legal advice. Try here, you may find something:

http://www.usdoj.gov/eoir/probono/states.htm


Usually when people try to prove that the family will lose a
breadwinner, they say that the family can go and live in his home
country. It's not a hardship.
 
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