We currently have a lawyer and submited application fo i130 and was received December 2012, we told the lawyer that my husband was caught once while crossing illegaly. They took fingerprints and picture but he doesnt remember if he signed something. He tried ewi the next day and he didnt get caught. Lawyer said as long as it was one day after being caught he would qualify. He didnt show us citizen ids or nothing like tha when he got caught. Is the lawyer right? Or should i ask him to do a FOIA to make sure he didnt sign sonething?
He does not qualify for an I-601A provisional waiver. He is subject to the "permanent" bar.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
The relief that one might obtain from a favorable decision on I 601 waiver is discretionary. And Billy and has to demonstrate that here she meets the statutory requirements and show that the qualifying relative will suffer " hardship."
S/he Must also demonstrate that they are worthy of a favorable exercise of discretion.
It will be necessary to demonstrate a number of factors, with appropriate evidence, to show That one deserves favorable discretion. On the other side of the ledger it must be shown that the qualifying relative will suffer extreme hardship if the alien is not allowed to remain or return to the United States.
Therefore, one cannot say whether your spouse will qualify since each case is judged on an individual basis. There are equities and liabilities that will be factored. There will be issues that can either help or hinder the exercise of favorable discretion by U.S. Citizenship and Immigration Services. Health, finances, education, family ties, country conditions, remorse, rehabilitation are but a few of the relevant a issues to be considered.
It depends on what happened the first time he was caught. If he was removed or excluded and then reentered without inspection he could be permanently barred from the US. If that is the case he would have to remain outside of the US for 10 years before he would be eligible to apply for a waiver. You may want to do a FOIA to verify what happened previously.
Get free answers from experienced attorneys.
25,176 answers this week
2,663 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary