My husband entered the USA illegal in Dec 1998. Immigration officers caught him 5 minutes before arriving to Indio CA. He was sent back to Mexico. They did took pictures and fingerprints, but he was not told that he was deported or anything. Ten days later he tried and passed again, this time they did not caught him. He has no criminal record, he has not been outside USA since that time. I am a US citizen, we have been married for 5 years, and he already has the I130 approved. Can we file the I601a or do we have to file the I601 instead? Thank You
In cases like this it is very important to Request FOIA from DHS and Background check from FBI to ensure that your husband in fact received only a Voluntary Return and not an Expedited Removal Order (both FOIA and FBI check would show any removal order). If he in fact received removal order, he might not be eligible for a waiver until he spends 10 yrs abroad. The best would be to contact an attorney to fully review your case and to obtain all government records.
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Criminal Defense Attorney
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Your question shows you could really benefit from working directly with an immigration attorney on this.
Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.
Waiver of Grounds of Inadmissibility is a very difficult process. My advice is DON'T do it yourself. This is not like filing a simple I-130 case. You must talk to an "experienced" immigration attorney.
Not a legal advise nor it creates an attorney-client relationship.