Immigration i130 Question

Houston, TX Viewed 106 times. Posted 3 months ago in Immigration

I came here from Mexico illegally in 1992 when I was 9 yrs old, yes I jumped the fence!! I went to school here in the USA but did not finish high school. In 1998 my mom's husband (not my father) petition for me on the I130 law. Now is 2009, I been married to a US born citizen since 2001 and I have two kids. I work as a leasing consultant for a pretty big company owned by a family member, I use a fake social security number from a person that has passed away, they take taxes out of my paycheck every two weeks, I also filed taxes every year. I mean I do everything a real "US CITIZEN" do, I help people find housing for a living. But I have not filed any paperwork with Immigration since my i130 petition which i checked and says "Request for Additional Evidence Sent"

Answers (1)

Elaine Carol Schneider

This attorney is licensed in Dist. of Columbia and 2 other states. Posted 3 months ago.

You need to clarify what your question is. An RFE Request for Additional Evidence requires a response to the inquiry with supporting documentation and there is typically a specified period, i.e 90 days for you to respond. Failure to do so will cause a decision without the RFE evidence, most likely a denial.

Your illegal entry in 1992 at the age of 9 actually results in the time "tolled" while you were a minor-- 9-18. Once you turned 18, the time is counted. Over one year illegally present in the U.S. and you are looking at a ten year bar. There is a waiver for U.S. Citizen spouses- based on extreme hardship to them, your spouse and children-- however, you WILL be spending time back in Mexico, and having to Consular Process the waiver. The Social Security number is viewed along with knowledge that you were taking someone's number or not. There is a recent U.S. Supreme Court case on this issue.

There are immigration situations where you REALLY need to hire an experienced immigration lawyer, and you have one of those situations., YOU REALLY need to hire an experienced immigration lawyer for your situation. Also, if you have ever claimed you were a U.S. citizen, depending on the facts and timing-- that can now result in a permanent bar--so again, you REALLY need, at a minimum a thorough consultation.