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Wife entered US illegally and trying to fix papers?

Fontana, CA |

My wife entered the US illegally when she was 11 years old. Now she is 20 and I am 21 and we have a 6 month old son and we are married. I know the first step is to fill out the I-130 form. But after that gets approved to fill out an I-601 form? I would like to know if I should consult a lawyer or do it myself. A lawyer wants to charge me $1200 for the I-130 form and i still would have to pay for $420 for the petition fee and charge me $3000 for I-601 and I still would have to pay $585 petition fee.

Attorney Answers 6


  1. You will need a lawyer for the waiver.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, 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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. You will definitely need a lawyer for your waiver.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  3. The I-601A process can be complicated. You should consult with an immigration attorney to discuss this matter further, as well as applying for DACA benefits for your wife, if applicable.


  4. Yes, you need to file the I-130, get it approved and notify NVC that you will be filing an I-601A Provisional Waiver and NOT the I-601. This is required because she entered illegally. I strongly suggest that you hire an experienced Immigration Attorney to help you with your Waiver. Waivers are complicated as they require preparing a brief with supporting documentation to show that you would suffer Extreme Hardship (Financially and Emotionally) if your wife has to wait 10 years.

    The fees that the lawyer is charging are very reasonable, especially for a Waiver.

    However, I strongly suggest you consult with an Immigration Attorney as there may be a way to avoid having to proceed with the Waiver route, since she entered when she was 11.

    Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney. If further assistance is needed please feel free to contact me and retain my services.


  5. I -601A is akin to a very delicate surgical procedure, one wrong move and the whole operation is at peril. It requires a competent experienced counsel.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  6. The prices you mentioned are not unreasonable. The I-130 visa petition you might be able to file by yourself if you cannot afford the attorney fees. The I-601A is something you definitely need an attorney's help with. I have clients come to me often that have filed I-601s by themselves or using an unlicensed immigration consultant because it was cheaper than an attorney. Their I-601s were denied, and now they want to appeal the denial. Remember that you only get one chance to file an I-601A. If it is denied, you cannot file another I-601A. You better do it right the first time and use an immigration attorney that has a proved track record of success with extreme hardship waivers. It sounds like you have a good case, but only the right attorney can present the case in a way that the USCIS officer will understand the strain your young family is under and feel sympathy for you.

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