Illegal and need help ? what would u do in this case ?

Asked over 2 years ago - Orlando, FL

would like to file husbands I485 here in the U.S he came here illegal from mexico with nothing meaning no visa no papers or family help "nothing". I was told that filing this is a big risk but we are willing to take end of that discussion. DONOT want to leave the country we are legally married I'm a citzen and we have 3 children TOGETHER .we want to go after a work visa by filing this we know the application will be denied. can anyone relate to a case like this what happened ? ................this is simply a question asking what happened in your situation or your clients and what did you do to help that person through the process how long did it take to receive the work visa and s.s card please donot answer saying you need a lawyer i know this we looking for one. I130 has been approved..

Attorney answers (6)

  1. Marc Damien Sean Taylor

    Contributor Level 16

    6

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Although you state that you are willing to take the "risk" by filing, I am not sure you clearly comprehend what that means. Your husband is simply NOT ELIGIBLE to adjust his status in the US (unless there are some hidden details in his background that you did not include). He is not eligible for work authorization even though he is married to a US Citizen and has 3 children.

    What happens in these types of cases is that the USCIS will not only deny the petitions but more likely than not commence removal/deportation proceedings.

    Since you are already looking for an attorney, I suggest that you wait until you find one before taking the next step.

    Good luck.

    Marc Taylor

  2. Robert West

    Contributor Level 20

    8

    Lawyers agree

    Answered . You would be wasting the money by filing an I-485. Your husband IS NOT ELIGIBLE TO ADJUST in the U.S. based on the information you provided. You can look at cancellation of removal in Court but those odds are not good as well. This board cannot provide you with a long analysis of the case. Thats what a qualified lawyer is for.

  3. F. J. Capriotti III

    Contributor Level 20

    8

    Lawyers agree

    Answered . Attorney West is correct, DO NOT FILE ... he is not eligible for the I-485.

    Talk to an attorney, there is a new process for pre-approving waivers that should be starting soon.

    Read this: http://cliniclegal.org/important-changes-i-601-...

    FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It... more
  4. Hans Burgos

    Pro

    Contributor Level 8

    5

    Lawyers agree

    Answered . You may not be eligible for adjustment of staus due to the fact that you entered the US without inspection. However, the USCIS is now considering allowing foreign nationals, immidiate relatives of US citizens, to file applications for waivers of unlawful presence inside the United States; prior to processing their immigrant visas before the US consulate; thus avoiding long term separations. Contact an immigration attorney.

  5. KiKi Maria Mosley

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . He cannot adjust in the United States. Do not file the I-485. It is a waste of your money. He is not eligible to adjust in the United States.

    FREE CONSULTATION ON IMMIGRATION AND DEPORTATION MATTERS Contact: Law Offices of KiKi M. Mosley 208 S.... more
  6. Stephanie Scarborough

    Contributor Level 14

    4

    Lawyers agree

    Answered . All of my colleagues are absolutely correct. Your husband is not eligible for the 485 and filing is a waste of $1070. In addition, USCIS will not even issue the employment authorization. However, there are other options. USCIS is in the process of establishing a stateside processing of the I601 hardship waiver which your husband will need to obtain an immigrant visa. Speak to an immigration attorney who will advise you of all options based on your situation including the stateside 601 processing.

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