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Illegal and need help ? what would u do in this case ?

Orlando, FL |

would like to file husbands I485 here in the U.S he came here illegal from mexico with nothing meaning no visa no papers or family help "nothing". I was told that filing this is a big risk but we are willing to take end of that discussion. DONOT want to leave the country we are legally married I'm a citzen and we have 3 children TOGETHER .we want to go after a work visa by filing this we know the application will be denied. can anyone relate to a case like this what happened ? ................this is simply a question asking what happened in your situation or your clients and what did you do to help that person through the process how long did it take to receive the work visa and s.s card please donot answer saying you need a lawyer i know this we looking for one. I130 has been approved..

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Attorney answers 6

Best Answer
Posted

Although you state that you are willing to take the "risk" by filing, I am not sure you clearly comprehend what that means. Your husband is simply NOT ELIGIBLE to adjust his status in the US (unless there are some hidden details in his background that you did not include). He is not eligible for work authorization even though he is married to a US Citizen and has 3 children.

What happens in these types of cases is that the USCIS will not only deny the petitions but more likely than not commence removal/deportation proceedings.

Since you are already looking for an attorney, I suggest that you wait until you find one before taking the next step.

Good luck.

Marc Taylor

Kyndra L. Mulder

Kyndra L. Mulder

Posted

According to the facts you have provided your husband is not eligible for adjustment. However, if he has been in the USA for 10 years he may be eligible for cancellation of removal or he may be eligible for a wiaver. To determine whether he may receive either of the forgoing you will need to discuss your specific case with an experienced immigration attorney who handles removal proceedings and waivers either through the court or the consulate in Mexico. You can schedule a consultation at my office in Orlando by calling 904 2967702

Posted

You would be wasting the money by filing an I-485. Your husband IS NOT ELIGIBLE TO ADJUST in the U.S. based on the information you provided. You can look at cancellation of removal in Court but those odds are not good as well. This board cannot provide you with a long analysis of the case. Thats what a qualified lawyer is for.

Asker

Posted

will Least least get a work visa out of filing or something to help us til we are ready to leave the country.

Robert West

Robert West

Posted

No.

Posted

Attorney West is correct, DO NOT FILE ... he is not eligible for the I-485.

Talk to an attorney, there is a new process for pre-approving waivers that should be starting soon.

Read this: http://cliniclegal.org/important-changes-i-601-waiver-processing

FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

Asker

Posted

will I get anything out of filing at least a receipt or work visa.

F. J. Capriotti III

F. J. Capriotti III

Posted

Yes, you will get a receipt ... documenting how you wasted your money. No. No work permit will be issued.

Posted

He cannot adjust in the United States. Do not file the I-485. It is a waste of your money. He is not eligible to adjust in the United States.

FREE CONSULTATION ON IMMIGRATION AND DEPORTATION MATTERS Contact: Law Offices of KiKi M. Mosley 208 S. LaSalle St. Suite 1400 Chicago, Illinois 60604 773-501-2039 kiki@kikislaw.com 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. kiki@kikislaw.com

Asker

Posted

I know this BUT will he gain a work visa or at least something out of filing that would help us

Posted

You may not be eligible for adjustment of staus due to the fact that you entered the US without inspection. However, the USCIS is now considering allowing foreign nationals, immidiate relatives of US citizens, to file applications for waivers of unlawful presence inside the United States; prior to processing their immigrant visas before the US consulate; thus avoiding long term separations. Contact an immigration attorney.

Posted

All of my colleagues are absolutely correct. Your husband is not eligible for the 485 and filing is a waste of $1070. In addition, USCIS will not even issue the employment authorization. However, there are other options. USCIS is in the process of establishing a stateside processing of the I601 hardship waiver which your husband will need to obtain an immigrant visa. Speak to an immigration attorney who will advise you of all options based on your situation including the stateside 601 processing.