Question for ImmigAttyLana

[my nightmare]

Question for ImmigAttyLana & Evcalyptos

What is the name of your state?NC

I received some advice from a previous post but I would also like your opinion. Could you review the following and give me your advice. Thanks

I have a friend that is a permanent resident. He married a Mexican citizen in 1995. In 1996, they both traveled to the US. He came across legally and she came across illegally. While they were here in the US, he filed an I-130 to petition for her visa. The TX visa center replied as follows: "The petition was approved. The petition indicates that the person is in the US and will apply for adjustment of status. The information shows that the person is not eligible for adjustment of status at this time. This petition will be store in our office until the person files an adjustment application or applies for an immigrant visa.

They had their first child in 9/97 and after the birth, his wife wanted to leave. They returned to their home country and she has since had 3 other children who are Mexican citizens. He added their second child to the petition and the childs paperwork is almost completed. My friend spoke to an Immigration officer and asked what he could do. Read word for word what the petition said. The officer advised to submit an I-485 application to adjust status because the wife was now back in her country. An I-485 was submitted. An notice of action for the application was received stating that the application was recieved and they would notify him when a decision was made. Later he received a duplicate approval notice stating that the petition was approved but would be stored in their office until she was eligible to file for an adjustment or an immigrant visa.
He has sent several letters to the visa center in Texas explaining the situation but he never receives a response. The second child's paperwork is almost complete. What is the next step to move the mothers file to the next level so that she can join her son when he is eligible to come to the US.

 

[ImmigAttyLana]

Who is advising your friend? If the wife is back in Mexico, an adjustment of status application CANNOT be filed. It can only be filed by someone who is in the US and who can prove a lawful entry to the US. When the wife was here in the 90s, she should have just stayed here because she would have been protected under 245i and would have been able to file the adjustment of status. As it currently stands, she is not eligible for an immigrant visa due to her unlawful entry and unlawful presence in the US and, unless a waiver to the bar to reentry is granted, she would have to be outside the US for a period of 10 years from the date of departure. As for the second child, there should not be a problem as he may qualify for US citizenship and not even need a visa if the father is a US citizen.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[my nightmare]

Thank you for your response. My friends husband is not a US citizen, he is a permanent resident. I know that my friend should have stayed but she didn't. She left in 1997 after her I 130 petition was filed and approved in 1996. Immigration officer told him to file an I 824 to move her application to the next level. But the Texas Service Center did not move the application. They sent a duplicate approval notice. Now they are in the same position as before. I mentioned in the previous post an I 485 but that was a mistake, they filed an I 824. Is there anything that her husband (permanent resident) can do to help move her application to the next level.
You mentioned a 10 year period, what happens after the 10 years, does her husband need to do something or is it automatic. How can she prove that she has been outside of the US for 10 years?

 

[ImmigAttyLana]

Nothing happens automatically. After 10 years she would be eligible for an immigrant visa on the basis of her husband petitioning for her, if the visa priority date is current or if he is by then a US citizen. She may be able to apply for a waiver of the 10-year bar to reentery if she can adequately demonstrate an extreme hardship to a US citizen by her absence.


Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[my nightmare]

I checked the uscis.gov website to see which form applies to the waiver that you were referring to. However, I did not see one that is specific to this case and I don't want my friend to waste his money by using the wrong form. Could you advise which form is needed to waiver the 10 year bar.

Another friend suggested writing a letter to Washington asking for forgiveness. But I am not sure about that. What is your opinion?

If my friend calls the Immigration 800#, I am not sure that he will recieve the correct information. He has been talking to them for years about this case and they never told him about a waiver.

Thanks for your advice.

 

[ImmigAttyLana]

I-601, but this is a complicated procedure and you should probably not attempt it without some assistance from a professional.

 

[evcalyptos]

I-601, but this is a complicated procedure and you should probably not attempt it without some assistance from a professional.

I've never looked before.. can the alien file I-601 based on a hardship to an LPR? I've only heard of USCs being the spouse in this type of case.
I would've thought that as only an LPR, the guy wouldn't have a chance for his wife to get back in.

 

[my nightmare]

Queston for ImmigAttyLana & Evcalyptos

I know that a PR is permanent resident, so what is a LPR. Thanks Evcalyptos for keeping us straight. Do you have any other suggestions concerning what they should do?