Expert: Robert Hollander<B> Esq.</B> - 3/21/2007

Question
QUESTION: I has brought to the US by my parents since I was only three months old.  I have been married for the past two years to a Naturalized US Citizen who is the father of my three children.  When we file the I-130 how long does it take and what is the next step?  Do you think that they would consider a hardship on my family if I have to go back to Mexico.  There ages are 8, 6 and 6 months old.  My husband works two jobs to support our family because I cannot work here in the US.  Please help me.  Would I get rejected and have to go back to Mexico?
ANSWER: If you have proof of yopur legal entry you do not have to go home. If you can not prove that you entered legally, you will have to go home to get your paperwork. when you do, you will become subject to a 10 year bar and will need a waiver which is not easy to get. The hardship to your kids does not count under the law, only your hardship in rainsing them by yourself.

Regards,

Robert

---------- FOLLOW-UP ----------

QUESTION: I entered the US illegally.  What is a 10 year bar?  What is a waiver?  So are you saying that the law would only consider the harship if I raise them my self.  So they would have to go with me to Mexico and then we can say that there is a hardship.  Besides if they stay here who would watch over them.  My husband has two jobs.  So if I file the I-130 will it get approved?  And then what is the next step.
ANSWER: The law currently does not allow people who came illegally to get their final green card interview here. However, the law also says if that person leaves the country after being here illegally for more than 1 year they can not come back for 10 years unless they get permission in the form of a hardship waiver. He is left with the choice of staying here illegally and hoping the law changes or going home an dbeing interviewed there and hope he gets the hardship waiver. For the waiver the law says the hardship to the kids of being without him does  not count. Only your hardship.

The I-130 can be file and approved. Then he has to wait for a law change to be able to get the final interview here or process his case in Mexico, leave and be subject to the 10 year bar and hope to get a waiver to come back early. Fromt he time he leaves he will be out for a minimum of about 1 year while they decide to give him a waiver or not.

Regards,

Robert

---------- FOLLOW-UP ----------

QUESTION: ok, I am talking about my self.  My huband is the one who is the US citizen.  I was brought here illegaly by my parents.  So if my husband files the I-130, it gets approved.  Would I qualify for the waiver?  I am the mother of three kids who were born here and only have me and their father.  So would the law count it as a hardship on my kids if they deny my waiver?  Essentially waht I want to know is if my chances are good to be granted a a waiver?  

Answer
Chances on waiver are basically 50-50. Once approved, and processed for interview abroad, you can go there and be interviewed and given forms for waiver then you have to wiat there for decision. If they approve you will get visa if not you can not return for 10 years. No hardship to you or kids is considered only to husband.

Regards,

Robert