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  1. #1

    Default Past Immigration Proceedings and Problems on an I-130

    my wife moved to the US as a teenager in 96 and exteded her stay until end of 98 when she left the country. when she came back immigration authorities canceled her visa and withdrew her application. She got put back on a plane and sent back to her country. She was not deported, is that an immigration proceeding? is that "removal" on the form I-130?

    also, she entered back in 2001 without inspection. Should I put her first I-94 number and dates on the form or that she entered without inspection?

    thank you

  2. #2
    Join Date
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    Default Re: Past Immigration Proceedings and Problems on an I-130

    So I'm assuming you are the U.S. Citizen filing the I-130? If your wife entered illegally (without inspection) she cannot gain any type of status. She would have been able to file if she had not left the country after the overstay.

    If she was refused entry because of an overstay she has a ten year ban from entering the country. Depending on the specific dates of the expiration of the visa/when she tried to come back you may not be able to file yet, i.e. the ten years is not up, but I'm not too familar with trying to file after a ban like that. Best advice may be to consult an attorney since there are immigration problems. It can't hurt to make sure they are done right and all legal avenues are covered.

  3. #3

    Unhappy Re: Past Immigration Proceedings and Problems on an I-130

    yeah... we know about that. we have talked to a lawyer, but we cant afford the rates...
    so we are starting with the petition and just want to be sure to answer these questions correctly.

    we will eventually file a waiver.

    under immigrantion proceedings, is a application withrawal a removal?
    or should we just say "no" to immigration proceedings


    thank you

  4. #4
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    Default Re: Past Immigration Proceedings and Problems on an I-130

    I can't really advise specifics, as I don't know the specifics of your case.

    I can't advise that you say "No" to immigration proceedings as she was turned back at the Port of Entry and again I'm not an attorney you really shouldn't be taking my adivce. If this is done incorrectly you will end up paying -a lot- more in the long run.

    Long and short is, your wife needs to have entered the country legally at this time (assuming she is in the country right now) and the ten year ban must be over before you can file the I-130. Otherwise the petition will just be denied.

  5. #5
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    Default Re: Past Immigration Proceedings and Problems on an I-130

    Also, I can't stress enough how important it is not to file a waiver by yourself. If the attorney you spoke with is worth anything they will at least work with you regarding fees, i.e. work out a payment plan, and at least be able to answer your questions and point you in the right direction by just paying a consult fee. It is not paying attention to the immigration laws that put you in this situation to begin with by her leaving the country on an overstay and expecting to be let back in. Don't repeat your past mistakes. Shop around and consult with other attorneys if need and see what they would be willing to do for you.

  6. #6
    Join Date
    Aug 2007
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    21

    Default Re: Past Immigration Proceedings and Problems on an I-130

    I am sure you can file I-130, as this is the first step to the process, you must be truthful, when you file, attach a seperate sheet if needed with an explaination, The I-130 will be denied, and that is when you file the I-601 waiver, you really need to find someone that specialises in waivers, which country does your spouse come from?
    have you tried posting at" immigrate 2 US" as they specialise in waivers,

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