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Petitioning spouse who entered without inspection in 1981, and use his social security to file income tax since 2006..?

Flushing, NY |

my husband came to this country in 1981, without inspection..in 2005 he applied for temporary resident status (I687) under LULAC OLD AMNESTY..was denied due to lock of evidence. They grant him a temporary work authorization card and social security. his work authorization card expired..BUT up to this date he use his ss number to file income tax every year..Now im going to file i130 for him, what would happen in his case ?do we still BE REQUIERED to file 601A ?He never had any problem with imigration and pay his taxes..

Attorney Answers 5


  1. You MUST talk to an attorney before doing anything.

    Yes, he may need to do the I-601A.

    The biggest concern I have is what he put on I-9 forms for his status.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. If he did not apply for anything real prior to April 30, 2001, you will need to embrace the Provisional waive procedure or wait for may be a reform to be.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. Sounds like a waiver will be needed. To be sure, you definitely need an attorney to look at all facts. Best wishes.

    Under the guidelines set by AVVO, this response is general information only and not specific legal advice, and no attorney client relationship is formed by this response to your question.


  4. I agree with both of my colleagues. You need an immigration attorney to review and advise you. We can give you general advice only and you need to map out a strategy for your spouse. 1) yes, a 601 waiver is likely needed. 2) It appears the provisional waiver process applies to him. The provisional waiver process will be stateside processing of the 601 after your I-130 approval and start of the immigrant visa process. However, seek out an attorney to help you as the strategy is critical to your future. Keep paying taxes. If we do get immigration reform it is likely to include a provision for requiring taxes to be paid and up to date.


  5. The first step is to schedule a consultation with an immigration attorney. Under current laws he probably would require a 601A waiver but it is impossible to know without more information. My firm handles immigration matters in NY.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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