Scared to fill out I=130

T

TyPhi

Registered Users (C)
First of all, hi everyone. I'm new to these forums after finding them during a search for my wife, who is here illegally from Mexico (entered without inspection). I am a U.S. Citizen (Born here) and we've been married for 7 months and have a child on the way. I contacted a lawyer to ask what we should do to get her citizenship and he told us that we should fill out form I-130 and leave it at that for now because if we process an I-485 form to gain Permanent Resident status she will be told to go back to Mexico unless we can complete a waiver that proves that her leaving would be a hardship for me. Later, a bill in legislation might become law that would allow for that section of the I-485 to be done away with at a later date.

I might have some of these forms wrong, so if something sounds not quite right it probably is. Feel free to correct me if so.

First of all, is this true?

Secondly, my wife is frightened that filing the I-130 will result in her deportation. But it is her first step to becoming a resident and she needs to have it processed before filing an I-485 whether that law is passed or not. Should she be scared of this? Will filling out an I-130 result in her deportation?

Thanks in advance for your responses.
 
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She entered without inspection.

Well, actually I'm a bit confused on how it should be legally classified. I'm certain that her status here is illegal, but she obtained a pass to come across the boarder and shop, but she never returned. I've been trying to determine how that's classified since she did obtain permission to come across, but never returned. Is that still considered entry without inspection? I did not get the opportunity to ask my lawyer, so can anyone here give some possible answers? Thanks.
 
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I do not think so, or even if such a document exists. Definitely no I-94. Is there anyway to find out if there are any documents that were filed for that sort of entry and if so, is there is anyway to get copies of them?
 
If she can prove she entered legally, she is in a WAY better position that if she crossed the border uninspected.

On its own, an I-130 isn't worth much if anything. Unless your wife entered legally, she probably cannot go through the I-485 (as you know), and if she leaves the country, she would probably be subject to a mandatory 10yr reentry ban.

There are currently no immigration bills that I'm aware of which would ease your burden. The last slew of bills didn't make it through Congress, and frankly with the elections coming up, I doubt we'll see much of substance this year.
 
She had a passport, but it was stolen after she entered the U.S. Later, Mexican officials contacted her family about someone using it, but it was never followed up on. I wonder if there's a way she can prove she had a passport and that it was used to enter the U.S. even if for a limited amount of time.
 
Police report of stolen passport and/or photocopy of relevant pages? Was the document she received when she entered stolen as well? The I-94, if she got one, may have been attached in her passport. It would have been a little white card about 2x3" size with a bunch of lines that the border official would have stamped in front of her, I'm sure your wife would remember it if she received one.

Looks to me the first thing you need to do is to jog your wife's memory what documentation she used to enter. At least for me it was a pretty big moment when I entered the US for the first time and I have a pretty vivid memory of what happenend at the port of entry (including the customs official making me take everything out of my bag and trying all combinations of buttons on my walkman to see if it will blow up).

If an I-94 was indeed issued, you can file a form I-102 for a replacement copy.

On the bright side, maybe someone has already entered legally with her passport or already filed for a green card in her name. Would save you the trouble and the fees if you only need to apply for a replacement green card. ;)
 
Ok, ONLY way you can go: she entered illigally - what means you cannot ajust status in the country. Dont be scared to file i-130 - this is first and only way. Nobody cares about her status much - involve a lawyer if you not sure. I know bunch of people who was illigal, when applyinf i-130.
Second: you will need a I-601 waiver for her ( since she cant ajust status in USA she will have to go back to Mexico and she will be charged with 10 year bar) Third. The best news for you: in Mexico currently activated Pilot programm- you can get visa for ONLY 1 DAY! - schedule infopass appoitment-if they approve your I-601 " on spot", you can come back next day for visa and come back to USA with her lon legal basis! So total of your suffering can be only 2-7 days maximum! I really advise to do ASAP while Pilot programm still in place
 
I'm sure they will all return after their 1-2 day authorized stay, because they have demonstrated such good adherence to immigration laws in the past. :rolleyes:

What's the program called, the Backyard Way to Amnesty of 2008 Act?
 
austriacus said:
I'm sure they will all return after their 1-2 day authorized stay, because they have demonstrated such good adherence to immigration laws in the past. :rolleyes:

What's the program called, the Backyard Way to Amnesty of 2008 Act?
Click to expand...

its not an Amnestey, this is only for Mexican citizens. And if you never heard about - do search! Like i said there is a huge advanage of this programm fot Mexicans. Go to www.immigrate2us.net - this is site for Pilot program!
 
It looks to me like you're referring to this program, and the document you linked is an update to the program to speed it up (by the way, good to know the government is focusing its resources at Ciudad Juarez to serve illegal immigrants when there are severe backlogs at its US service centers).

It appears it's not a 1-2 days immigrant visa after all - it's a 1-2 day adjudication of a waiver request for an immigrant visa. Note that it states, the waiver applicant will need to demonstrate that his or her United States Citizen/Permanent Resident spouse or parent would suffer “extreme hardship” should the applicant not return to the US. All required security checks would be made and reviewed before approving the waiver and issuance of the immigrant visa.

So if their case doesn't meet the standards of the waiver, they now only have to wait 1-2 days to find out and can focus the other 3650 days of their wait to return to getting on with their lives.
 
thats that i ment - its just take 1 or 2 days to issue a visa, i didnt say it will last for 1-2 days. While in all other counties it might take over a year ot two. Yes, the main point that a waiver should be well preparead to get approved. And you will be suprized how many people doesnt know about this programm
 
Well, you said "visa for 1 day" twice so I assumed that's what you meant, sorry I misunderstood you, so you mean in 1 day, that's fine. Thanks for pointing it out and I hope it helps someone who reads this with their waiver.
 
dont ever wait or hope for govt legislation...people have been waiting for 22 yrs for that...it never happens...
 
austriacus said:
Police report of stolen passport and/or photocopy of relevant pages? Was the document she received when she entered stolen as well? The I-94, if she got one, may have been attached in her passport. It would have been a little white card about 2x3" size with a bunch of lines that the border official would have stamped in front of her, I'm sure your wife would remember it if she received one.

Looks to me the first thing you need to do is to jog your wife's memory what documentation she used to enter. At least for me it was a pretty big moment when I entered the US for the first time and I have a pretty vivid memory of what happenend at the port of entry (including the customs official making me take everything out of my bag and trying all combinations of buttons on my walkman to see if it will blow up).

If an I-94 was indeed issued, you can file a form I-102 for a replacement copy.

On the bright side, maybe someone has already entered legally with her passport or already filed for a green card in her name. Would save you the trouble and the fees if you only need to apply for a replacement green card. ;)
Click to expand...

Thanks for all the help, guys. If someone's already applied for citizenship for her that would be the creepiest, most bitter-sweet feelings I've ever felt. Imagine knowing that she was a citizen all this time and didn't even know it. :eek:

I don't think that pilot program works the way it was described above. I've heard about it, but always assumed that it was handled on the U.S. side. Our lawyer told us that our chances of proving "extreme hardship" would be very low, unless I lost a limb or became terminally ill or something to that effect. He told me that I'd simply loose my 1k$ and my wife for 10 years. :( He wants to file the I-30 for me, but is charging me about 1300 in total, but I want to file it myself and save 900$. It seems a simple enough form, but I really don't want to make any mistakes with my wife's processing. In your opinions - and I realize they are just opinions - would I be safe filing that form? Not that she'll get deported because I'm fairly confident that she won't from just filing a I-30, but will I make a dumb mistake and loose my 350$?

Thanks,
TyPhi
 
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