Wife with no status, I'm a USC

J

jaytee

Registered Users (C)
I definitely need help, a little background first...
Im a US citizen, born here, never left country.
My wife is from Mexico, came here illegal 12/2001, never had status.
We got married in 2003 in the US, have a daughter and a house together.
She has been working under false documents since she got here and only filed taxes with me since we were married, in 2003 and 2004, with an ITIN.

Obviously we don't want to have to go to mexico or have her have to go for more than a few months if necessary, for our baby and financial obligations here.

I called USCIS and they said we have to first file for an I-130 while here, once that is approved then she will have to go back to Mexico for a 3-10 year BAN; which isn't an option.

What can we do, would there be any loophole or anything we can do for her not to have the BAN and how long would she have to go to her country for?

I'm hoping we don't have to just wait for 245i to reopen. Thanks for any suggestions and input.
 
no loophole here. You could try to apply for a waiver of the ban based on extreme hardship to you and the baby, but chances that it will be approved aren't good.
 
Help?

Anybody else with something they have heard done as a way for my wife to not have to leave the country?
Anybody ever heard of the hardship waiver being approved?

If not, what is the current news on reopening the 245i or is that even a possibility with GW in office?

Thanks.
 
jaytee, the main problem that you have is that she enter ilegally here and to put it worst she use false documents which is pretty bad. I don't want to cause you more pain since your situation is already out of the scale, but the reality so far is that if you want to legalize something here she will have to go back to Mexico, file for her and then you file for a waiver of extreme hardship. You should know they count positive and negative points.
There is no news about reopening 245i as it was before. What have been in the news are several ideas to legalize those "workers" that are here (thinking that all illegals are workers) and open a new visa for people who wants to work here, but as far is my concern that won't happen or put on a table in several years. As I said that is just in the news that doesn't mean that would or wouldn't become a reality or that something else come up.
You can consult with a lawyer since they have liasons with the USCIS and they can give you a better closer look of what might happen and then if you must wait or act right now.
My advice for you is that she at least should give up the use of whatever false documents that she can be using right now.
 
jaytee:

For what I understand your wife position is very complicated. As cerr1980 said the first thing to do is that your wife give up the use of false documents inmediatly and with the advise of some lawyer find a way that could avoid her ilegally entrance and maybe start from scratch. Return to mexico thru the border, and get married there again and then ask for her. Just an idea. Good luck
 
Im not an expert in this matter, but i heard about immigration reform programs to help people in these situations. From what i gather from the news, these programs helps people who got into the US illegally by giving them a legal status (so they could start paying taxes :rolleyes: ) I dont know if these programs are in effect and are being implemented but you may want to talk to a lawyer. Dont give up hope yet...
 
There are several immigration reform packages being debated in Congress, but nothing has been passed.

If she had come on a valid visa and overstayed or worked on a tourist visa, those could be forgiven and she could adjust status, but the law is very clear that you cannot adjust from an illegal status even by marrying a USC.

I'd suggest talking to a lawyer.
 
My other suggestion is that you can go to a Latin American Association, they have lawyers that you can consult (I am not sure if there is a charge or what I think not high or none).
 
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