Petition for alien relative

[haajca]

What is the name of your state? WV
I am US citizen & Last October 28 I filed a petition for an alien relative for my husband (he is an illegal alien) we recieve an aproval letter on October 3, 25 days before we had been married for 1 year. It says that my petition has been approved and is being sent to the department of state to process his visa. When I called the immigration 800# to get specific information about the process the lady I spoke with said that my husband must return to Mexico to recieve his visa...with one catch, because my husband was in the country for more than one year illegally he can be barred from the US for up to ten years (basically if he leaves the country to get his visa there is no guarantee he can come back). "A Law is A Law" is what I was told. Does ANYONE have any infomation or experience relating to a similar case that could help me. If my husband were barred from the country for 10 years our son would be 11 before he ever got to know his father. Any help would be greatly appreciated.

 

[Immigrantguide]

This response depends on how he entered the country. If he was not inspected by an immigration official when he entered, then unfortunately, this is true.

There is a law called 245(i) that he would have been able to access if the petition was filed before April 30, 2001. It does not seem that this is the situation in your case. This law allows those that were not inspected to pay a $1,000 penalty and adjust without going home. This law comes back from time to time. Now, you can only wait until it comes back. Watch the newspapers, as this may surface again if talks with Fox (president of Mexico) resume.

 

[Mrowka]

Unfortunatelly, the above is true.
I am very sorry.

 

[haajca]

I emailed the consulate office in Mexico that handles visas and they told me that he may be granted a waiver. But I do not know what would qualify him for a waiver.

 

[Mrowka]

this is just an idea, but you might try to see if the BCIS would not grant you a waiver on humanitarian grounds: that barring your husband from entering the US would deprive your son of his father for 10 years and that moving to Mexico for those 10 years would not be in your son's best interest.

I have no idea if this could work, but it doesn't hurt to try.

 

[haajca]

I have tried to speak with the BCIS about this and they have told me that I must go through the Mexican Consulate in Juarez Mexico. They could do nothing for me here.