New waiver Form I-601A on march 4 2013 should i do it ? what are my chances ?

Asked over 1 year ago - San Jose, CA

i was brought to the u.s when i was 6 years old. I din't know i was suppose to leave at 18. Got married in 2005 she's a u.s citizen so were going on 8 years of marriage. Lawyers in the past advised that we should just wait for change in laws that allows me to stay.My question is if i should take advantage of this change or should i still wait for a reform.
no criminal record. never been to jail.(just about 2 traffic violations unlicensed driver)
we have 2 children 6 and 3 age she also pregnant with aug 2013 due date
the only medical condition is asthma for my wife and older son.
my wife has a more stable job so i watch the kids most of the time.
does it look like i have a good extreme hardship case?

Additional information

when was brought to the u.s we entered with out inspection.(illegally)

Attorney answers (4)

  1. Veronica Tunitsky

    Contributor Level 18


    Lawyers agree


    Answered . What you should do is schedule a consultation with me or one of my colleagues experienced in waivers to evaluate your case. It takes someone with years of waiver experience to identify hardships that you might not even consider hardships - outside the box thinking is important when it comes to waivers.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an... more
  2. Samuel Patrick Ouya Maina

    Contributor Level 19

    Answered . You should consult with counsel first. You may not need a waiver depending on whether you are grandfathered in under 245i. If you need a waiver you should do so with the help of qualified counsel. Proving hardship is different in every case.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  3. Jeffrey Jose Estrella

    Contributor Level 13

    Answered . Yes. You need your wife to file I-130 petition for alien relative with I-485 to adjust your status but with I-601 waiver for the unlawful presence. Waiting for March for I-601A may not be necessary. You need to have case evaluated by a lawyer.

    Hire a lawyer today for protection of your legal rights.


    Jeffrey J. Estrella, Esq.
    Licensed Attorney and Counsellor At Law/Abogado y Licensiado
    Licensed in New York, New Jersey, and Connecticut
    The Estrella Law Firm, P.C.
    75-20 Astoria Boulevard, Suite 170
    Inside The Bulova Corporate Center
    Jackson Heights, NY 11370
    T. (347) 628-2391
    F. (718) 672-4728

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20... more
  4. Thomas Esparza Jr.


    Contributor Level 19

    Answered . i send clients to a social worker who is qualified to do a family hardship study. there a variety of factors that determine whether you will have a good case. you should get an attorney like rosemary esparza in the LA area

    The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A... more

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